Author Archives: Robert McLeod

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.

2019 Minnesota Non-Tax Case Law Update

The Minnesota Non-Tax 2019 case law update is here. This includes some updates on interesting law across the country. Advertisements

Posted in Uncategorized

US Supreme Court Upholds Minnesota Revocation on Divorce Statute 524.2-804

United States Supreme Court Reverses Eighth Circuit, Holds Minnesota’s Revocation-on-Divorce Statute is Constitutional in Sveen v. Melin:  By: Karin Ciano, Mason & Helmers [edited with permission] In December 1997, a Minnesota couple, Kaye Melin and Mark Sveen, got married.  Sveen … Continue reading

Posted in 524.2-804, Beneficiary Designation, Divorce, Supreme Court, United States Constitution, United States Supreme Court

Trustee Attorney Fees are Properly Paid from the Trust under Minn. Stat. Sec. 501C.0709, 1004; Breach of Fiduciary Duty Claims Require Proof of All Elements; Removal of Trustee Under 501C.0706 Reviewed

The Court of Appeals issued the long awaited Lund appeal which addressed several issues but this review only touches on 3 issues. The first issue is the right of a trustee to have its attorney fees paid from the trust. The … Continue reading

Posted in 501C.0706, 501C.0709, 501C.1004, Attorney fees, Breach of Fiduciary Duty, Uncategorized

Excluded spouse under slayer statute can still have standing in probate, 524.1-201(33), 2-803(a), (f).

In re: Estate of Sandra Sandland, Deceased, A17-2016; Filed December 10, 2018. In this case the husband killed his wife. Under the Minnesota slayer statute Minn. Stat. § 524.5-803 the husband is no longer an heir of the estate. When … Continue reading

Posted in 524.1-201(33), 524.3-803(a), Interested person, probate, Standing

Appointment of guardian and conservator is reversed for insufficient findings of fact.

In re the Guardianship and Conservatorship of Reinhold Struhs, A18-0452. Filed December 3, 2018, (Minn. App. 2018). In a rare case, the court of appeals reversed the appointment of a guardian and conservator because the findings were insufficient to support … Continue reading

Posted in Conservatorship, Guardianship

Guardians have the power to bring a harassment restraining order for a ward.

In the case of Thompson v. Thompson, A18-0309, Filed November 26, 2018 the guardian for a ward sought a harassment restraining order (Minn. Stat. 609.748, subd. 5(b)(3)) on behalf of the ward against the former step-parent/former co-guardian. The court granted … Continue reading

Posted in 609.748, Guardianship, Harassment Restraining Order, HRO, probate, Uncategorized, Ward

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 … Continue reading

Posted in 501C.0601, Lack of Capacity, trust, Undue Influence