Our experienced estate planning and probate attorneys offer careful planning and client counseling regarding estate planning, incapacity planning, trust and probate administration, business succession planning and advice regarding fiduciary duties and obligations. Such planning and advice may go a long way toward avoiding or minimizing the risk of a dispute regarding your estate after you become incapacitated or die.
Unfortunately, many people do not have an estate plan, or may have created a “do-it-yourself” estate plan using documents found on the internet or elsewhere. Such plans (or lack of planning) are often inadequate and only serve to complicate and confuse matters for your loved ones, requiring court intervention to sort things out. Additionally, despite careful planning, disputes can arise among beneficiaries or between fiduciaries—such as personal representatives and trustees—and beneficiaries. Some of the issues that may arise include:
- Misuse or abuse of a financial power of attorney;
- Disagreement regarding health care decisions for a loved one;
- Disagreement over the need of a guardian or conservator for a loved one or disagreement over who that guardian or conservator should be;
- Concerns of financial exploitation of a loved one;
- Concerns that a loved one was unduly influenced in making his or her Will or did not have the requisite mental capacity to create a Will;
- Disagreement over who should serve as personal representative (or executor) of a loved one’s estate;
- Dispute with a trustee or personal representative of an estate or trust of which you are a beneficiary; and
- Dispute with beneficiaries of an estate or trust for which you are serving as personal representative or trustee.
Our attorneys work daily with individuals and couples in the estate planning process and with families involved in administering the estates of loved ones. As such, we are familiar with the sensitive nature of the issues that often arise in disputes involving estates, and we strive to help resolve such disputes in an efficient and respectful manner.
If the dispute cannot be resolved outside of the court process, The attorneys at Hansen Dordell are licensed in Minnesota and Wisconsin and have experience litigating cases in state and federal court, as well as experience with alternative dispute resolution, such as mediation and arbitration. If you are involved in a dispute relating to a trust or an estate, contact one of our experienced attorneys.