Category Archives: Statute of Limitations

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

Posted in 541.05, Subd, 1, Malpractice, Personal Representative, probate, Statute of Limitations, toll, tolled, Uncategorized

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

Posted in 524.1-201(8), 524.3-703(c), 524.3-803(a), 573.01, Claims, Malpractice, Personal Representative, probate, Some Damage, Standing, Statute of Limitations, trust, 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

Signing a deed as spouse to fund a revocable trust is not necessarily a waiver of the exempt homestead election under Minn. Stat. § 524.2-402.

Anderson v. Houghtaling, Filed December 26, 2017; A17-0867 (Minn.Ct.App. 2017). The majority of this case is a malpractice case that is remanded to address factual issues and the malpractice analysis is interesting in its own right. But the court addressed … Continue reading

Posted in 524.2-402, Exempt Property, Homestead Exemption, probate, Spousal Rights, Statute of Limitations, trust, Waiver

How Do I Challenge My Father’s Will?

Get a lawyer right away before it’s too late! The need to challenge a will happens all the time, but most often in a second marriage. Your parent or spouse dies and you don’t like the way the will is … Continue reading

Posted in Capacity, Challenge a Will, Lack of Capacity, probate, Standing, Statute of Limitations, Uncategorized, Undue Influence, Will Contest