Challenge Revocable Trusts with Undue Influence and Lack of Capacity

In the case of In the Matter of the Trust Created by Eileen Carlson Kasell dated September 10, 2013, as amended, filed November 13, 2018, A18-0340,  the mother created a revocable trust. The mother entered into an agreement that the trust would not be amended without a court order but it seems it was amended on August 11, 2017 without a court order. That amendment disinherited one of two sons. When the trust was before the court on an unrelated issue the amendment was brought up and in September she sought approval of the amendment. The disinherited son objected. The disinherited son, however, did not produce evidence showing incapacity or undue influence. Standing was not ever raised or discussed. He expressed opinions but he did not present facts and did not have medical facts. The court found that the standards for capacity and undue influence for a will were the same as for the revocable trust citing Minn. Stat. § 501C.0601 and Norwest Bank Minn. NA v. Beckler, 663 N.W.2d 571, 579 (Minn.App. 2003).


About Robert McLeod

I can help you fight a will, fight a power of attorney, will contest, fight a guardianship, fight a conservatorship, create or revoke powers of attorney, wills or revocable trusts. What is probate? I can answer that for you. I can help you with all your probate needs.
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