Category Archives: trust

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

The attorney-client relationship dies with the client (attorneys can’t appeal for a dead client but the personal representative may be able to appeal).

Billy Richard Glaze v. State of Minnesota, ___ N.W.2d ___, (Minn. 2018); A16-2028, filed March 21, 2018. The client was convicted of first degree murder and second degree intentional murder during sexual assaults in 1989. In 2007 the client petitioned … Continue reading

Posted in appeals, attorney-client, case law, probate, trust

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

Strict Compliance under Minn. Stat. Minn. Stat. § 501C.0203 is Required In Trust Matters

In re the Estate of: Randy Brian Sukut, Deceased, Filed January 29, 2018, A17-0748 (Minn.Ct.App. 2018). This is a second marriage case. After the first spouse died the surviving spouse became administrator of the trust. After the spouse/trustee tried to … Continue reading

Posted in 501C.0203, Notice, Strict Compliance, trust, Uncategorized

A Trust That Receives Property Is A Good Faith Purchaser For Value, Minn. Stat. § 507.34

Alan W. Pettit Marital Trust A v. Spethmann, Filed January 29, 2018, A17-0825 (Minn.Ct.App. 2018). A settlor funded a living trust with a deed in 1996 (deed 1). In 2005 the trustee deeded the property in the living trust to … Continue reading

Posted in 507.34, Claims, Good Faith Purchaser for value, trust

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