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.

Statute of Limitations Minn. Stat. §541.05, Subd. 1 does not begin to run until damages accrue; when damages accrue just got fuzzier.

Hansen v. U.S. Bank as Special Administrator and Personal Representative of the Estate of Robert J. Hansen, A17-1608, Filed September 25, 2019, __ N.W.2d __, (Minn. 2019); reversing the Court of Appeals (and District Court) decision filed July 2, 2018. … Continue reading

Posted in 541.05, Subd, 1, Beneficiary, Breach of Fiduciary Duty, Damages, Statute of Limitations, Supreme Court, toll, tolled

The Court establishes a balancing test to determine if an estate should be held open for a contingent claim.

In re the Supervised Estate of: Brian Scott Short, Deceased,  __ N.W.2d __ (Minn.App. 2019); filed August 26, 2019 A18-1682. “When determining whether to distribute assets or hold open an estate with a contingent claim, courts must apply a balancing … Continue reading

Posted in 524.3-502, 524.3-504, 524.3-505, balancing test, creditor claims, supervised probate, Uncategorized | Tagged ,

Physician Statement Admitted as Harmless Error but may be Inadmissible Going Forward.

A physician statement in a guardianship-conservator proceeding was admissible evidence over hearsay objection (as harmless error) but may not be admissible under 803(6). Minn. R. Evid. 803(4). In re the Emergency Guardianship and Conservatorship of: Gary Burke, A18-1894 Filed July 22, … Continue reading

Posted in Conservatorship, Emergency guardianship or conservatorship, Evidence 801, Evidence 802, Evidence 803, Guardianship, Physician Statement, probate, Rules of Evidence, Vulnerable Adult

No liability for breach of duty that has no damages; attorney fees denied for acts by trustee that were a breach of duty; fees are proper for beneficiary when litigation benefits the trust.

In re the Trust of the Charles W.J. Curry Trust dated June 5, 1991 as amended, and In re the Trust of the Phyllis A. Curry Trust dated June 5, 1991 as amended, Filed June 24, 2019; A18-1653; A18-1656; (Minn.App. … Continue reading

Posted in Attorney fees, Beneficiary, Breach of Fiduciary Duty, case law, Case Law Update, Challenge a Will, Damages, trust, Trust Law

US Supreme Court Decides the Kaestner Trust Case in Favor of Taxpayer; States Can’t Tax Trusts Based Just on the Residence of the Beneficiary

North Carolina Department of Revenue v. Kimberly Rice Kaestner 1992 Family Trust was decided by the United States Supreme Court today, June 21, 2019 by ruling that if the beneficiary does not receive income from the Trust and the beneficiary cannot … Continue reading

Posted in Beneficiary, Due Process, Fiduciary Income Tax, Grantor Trust, income tax, Kaestner, Minnesota Supreme Court, Residence, Resident Trust, Supreme Court, tax, trust, Trust Income Tax, Trust Law, United States Supreme Court

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.

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