Lommen Abdo has a long history of representing clients in will contests and probate and trust disputes. Unfortunately, it is common when someone dies that their heirs or beneficiaries under a will or a trust have disagreements. Those disagreements can lead to lawsuits. Disputed issues in lawsuits include whether a will or trust was validly signed, whether the person was competent and whether it expresses their own desires of what should occur on their death, as opposed to being based on the “undue influence” of a third person. These issues are raised when there are contests over wills and trusts and can include whether a will or trust was validly revoked or changed.
Probate and trust disputes can also arise during the administration of a trust or probate of a will. The firm has extensive experience representing clients in the areas of tax and estate tax issues with the state and federal tax authorities. The firm regularly represents clients in cases where there are claims that a personal representative or executor of an estate, or trustee of a trust, have breached their fiduciary duties or not properly administered the trust or will. Attorneys at the firm represented a lifetime beneficiary of a trust on successful appeal that resulted in one of the leading appellate cases in Minnesota in recent years, ruling on the interpretation and administration of a trust. In re G.B. Van Dusen Marital Trust, 834 N.W.2d 514 (Minn. App. 2013).
Areas of expertise:
- Will contests
- Trust contests
- Undue influence claims
- Tax issues
- Removal of trustees or personal representatives
- Breach of fiduciary duty claims
- Fraudulent transfers
- Trials and appeals
Attorneys at the firm seek practical resolutions that make good sense to our clients and have the experience and ability to represent our clients through trial and appeal.