Category Archives: Attorney fees

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

2017-2018 Minnesota Case Law Update

The annual 2017 – 2018 Minnesota Case law update is located here at 2018 Minnesota Case Law Update.

Posted in Ante Nuptial, appeals, Attorney fees, attorney-client, Augmented Estate, Bond, case law, Case Law Update, Challenging Parentage, Children, Claims, Conservatorship, Election Against The Will, Elective Share, Equitable, Exempt Property, Financial Exploitation, Formal Probate, Good Faith Purchaser for value, Guardianship, Homestead Exemption, Informal Probate, Malpractice, Notice, Parentage, Personal Representative, Power of Attorney, Prince Estate, probate, Removal, Some Damage, Spousal Rights, Standing, Statute of Limitations, Strict Compliance, surcharge, trust, Uncategorized, Undue Influence, Vulnerable Adult

Minn. Stat. 524.3-804/806 Petition to Allow Disallowed Claim Must be Filed in Two Months

In the Matter of the Estate of: Prince Rogers Nelson, Decedent, A17-0927 filed March 5, 2017 (Minn.App. 2018). Prince died on April 21, 2016. A Florida law firm filed a claim for an amount of just shy of $600,000. The … Continue reading

Posted in 524.3-804, 524.3-806, Attorney fees, Claims, probate, Statute of Limitations, Uncategorized

New Malpractice Analysis for Transactional Lawyers

Frederick v. Wallerich, ___ N.W.2d ___ (Minn. 2018). A lawyer wrote an ante nuptial agreement for a client that was not properly executed (it did not have two witnesses). About 1 year later that same lawyer wrote a will for … Continue reading

Posted in Ante Nuptial, Attorney fees, attorney-client, Malpractice, probate, Some Damage, trust, Uncategorized