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- 524.3-912
- 541.05, Subd, 1
- 572.35 subd. 1
- 573.01
- 609.748
- 626.557
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Category Archives: probate
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
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
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
Statute of limitations Minn. Stat. § 541.05, Subd. 1, ran on breach of fiduciary duty claim- be mindful of tolling by fiduciaries
Hansen v. U.S. Bank, as Special Administrator and Personal Representative of the Estate of Robert J. Hansen, Filed July 2, 2018, A17-1608 (MN.App. 2018). Seller (and his brother) was to sell property to the City in 2009. The City was to … Continue reading
Significant Malpractice Case for Estate Planning Attorneys
Security Bank & Trust Co. v. Larkin, Hoffman, Daly, Lindgren Ltd., __ N.W.2d __ (Minn. 2018); File June 27, 2018, A16-1810. I reported this case when it was in the Court of Appeals. This Court reversed the Court of Appeals. … Continue reading
Under Minn. Stat. § 524.3-101 real property devolves at death of testator to devisee even if through a residuary clause and not a specific devise
Estate of Howard Arnold Laymon v. Minnesota Premier Properties, LLC, ___ N.W.2d ___, (Minn. 2018) filed June 21, 2018 upholding 903 N.W.2d 6, (Minn.App. 2017)(A17-0162) filed October 9, 2017. The Minnesota Supreme Court upheld the Court of Appeals decision in … Continue reading
Posted in 524.3-101, Personal Representative, probate, Uncategorized, vesting
Election against the will was late and waived by agreement
In the Matter of the Estate of: Martha R. Houle DeHaven et al, A17-1762 filed June 11, 2018 (MN.App. 2018). The wife died in 2015. The husband had signed a consent and waiver of the elective share 6 years before … Continue reading
Posted in 524.2-211, Augmented Estate, Election Against The Will, Elective Share, probate, Waiver