Estate and Trust Litigation

Issues may arise after someone passes away.  If there is not a will or trust in place, then the estate will need to go to probate.  However, even if there is a will or trust in place, there can still be issues to resolve in litigation.  At Klun, we can help to administer a will or a trust and ensure that the deceased’s wishes are met.

However, issues can arise in administering the will or trust.  Sometimes family members are not happy with the distributions they are receiving in the estate.  Or, maybe a family member was left out of the will.  Sometimes, there is a fear that one family member unduly influenced the deceased.  Undue influence arises from relationships in which one party can influence another party to the point of overcoming the influenced party’s free will.  This frequently happens when a caretaker is caring for an elderly person who cannot care for themselves.  If a claim of undue influence is proven, the party being influenced does not, in reality, enter into the contract of his or her own free will and the will may be invalidated.  Additionally, if a contract enriches a party at the expense of another whom the first party dominates or to whom the first party owes fiduciary duties, courts will often presume that the contract was made under undue influence.

Another concern in will and trust litigation is duress.  Duress is when a party forces another party to enter into a contract because of the fear created by threats to do something wrongful if the party does not agree to the contract.  Generally, the threatened act must be wrongful or illegal.  However, the duress can also be economic duress meaning a threat to a party’s economic survival or well-being.  If a claim of duress is proven, in addition to the will or trust being invalidated by the court, criminal charges can be brought against the perpetrator. 

At Klun, we hope you do not face an issue of litigation related to a will or trust.  However, if this situation does arise, call an experienced attorney at Klun as soon as possible to protect your rights and the wishes of the deceased.

Drafting & Reviewing Trusts

At Klun, we can help you draft a trust from scratch, to protect your assets and your loved ones.  We can also review a trust that has already been created and help you update it and administer the trust to beneficiaries when needed.  We can help you to decide between an irrevocable trust and a revocable trust.  An irrevocable trust allows you to transfer ownership of assets on a permanent basis.  An irrevocable trust helps to protect assets from your creditors and avoid certain taxes and the probate process entirely upon death.  Our knowledgeable attorneys can assist you through drafting and reviewing a trust.

Creating & Personalizing Wills

At klun, we can help you spell out your wishes as to what to do with your assets after your death.  A will is the document that explains what you want to do with your assets upon death.  The “testator” is the person for whom the will is made.  The testator declares in his or her will whomever they want to administer the will.  That person is known as the “executor”.  The executor uses the will after the death to make sure assets are placed where and with whom the testator wishes.  Unfortunately, simply having a will in place won’t help you avoid probate.  At Klun, our knowledgeable attorneys can help you put all the right documents in place to protect you and your assets.

Preparing Necessary Documents & Procedures for Probate

At Klun, we can help your family get through the difficult process of probate after a death in the family.  Filing probate paperwork in Minnesota starts with the Application for Formal or Informal Probate.  We can help you with the process if you are appointed as the personal representative by your family member.

Additionally, we can assist you with notifying creditors, inventorying property and distributing the estate.  We will help you every step of the way so you can concentrate of healing from your loss while we take care of the paperwork and court appearances.

Drafting a Durable Power of Attorney, Guardianship, or Conservatorship

At Klun, our expert attorneys can draft legal documents with care.  We can help you and your family with a durable power of attorney.  A durable power of attorney allows a third person to make decisions for someone who has become incapacitated.  The incapacity can be physical or mental.  A durable power of attorney typically stays in place only while the incapacitated party remains incapacitated or it can be set up to last for a longer period of time. 
We can also assist you with drafting a durable power of guardianship.  Guardianship may be temporary, for a specified period of time or permanent.  Guardianship can be over a minor, until they become an adult or a disabled person who cannot care for themselves.  We can also assist with conservatorship.  Conservatorship allows a person appointed by the Court to manage property for an individual who is unable to manage their own affairs.  Guardianship and conservatorship require a court hearing.  Let us take care of the paperwork and court hearings in these matters while you care for your family.

Preparing a Healthcare Directive

A healthcare directive is a document that lets your doctors and family know what your preferences are regarding your healthcare.  You can specify what type of treatment you want, including resuscitation, surgeries, end-of-life care and organ donation.  You can specify what treatment you want to receive and declare a health care proxy to make decisions for you if you are not able to make decisions for yourself.  At Klun, we can help you draft this important document to make sure your wishes regarding your health care are respected.

Creating Documents for Long-Term Health Care Planning

One of the most difficult conversations to have when planning for the future is discussing long-term care.  Long-term care refers to getting help caring for a loved one when they can no longer care for themselves and need nursing home care or in-home care.  There are many ways to plan for long-term care, including life insurance, estate planning and long-term care insurance.  At Klun, we can not only help you with all the planning and paperwork involved, we can also help with decisions about what kind of care is needed for a family member.

Resolving Issues Regarding the Guardianship of Minor Children

Guardianship of a minor gives an appointed person legal custody of a person under the age of 18.  Guardians are not always family members related to the minor child.  Toi become a guardian, there is a court hearing required to become guardian to a minor child.  There may also be annual reviews and termination documents that need to be filed over the years.  If you need to enter into a guardianship arrangement and need assistance with the paperwork, you should give us a call.  At Klun, we have caring family law attorneys who can assist you with this issue.

Negotiating Issues Involving Jointly Owned Property

When parties split up, whether they are a business partnership breaking apart or a couple divorcing, the issue of splitting apart jointly owned property can be difficult.  Sometimes a partner will want to sell their half of the business to the other partner or a spouse will want to buy out their soon-to-be-former spouse as part of a divorce settlement.  We can help you to negotiate this difficult terrain.  Not only can we help write the contracts, but we can also help negotiate a deal for you with your soon-to-be-former partner or spouse.  We have talented and caring attorneys at Klun who can assist you with these negotiations.  Call us today for an appointment.