Our Estate Planning Practice
Mohrman, Kaardal & Erickson, P.A. has significant experience representing parties in disputes regarding trusts, estates, conservatorships and guardianship. Our attorneys have practiced in probate court in all of the metropolitan counties.
Generally, a guardianship or conservatorship dispute involves an elderly person who may lack capacity to make decisions or is being unduly influenced. Many disputes involve someone apparently taking advantage of the elderly person. Sometimes the cases involve a last will and testament or trust agreement being changed or a large “gift” being made.
Working To Protect The Rights Of Elderly Persons
In these cases, our firm works with health care professionals to determine what is in the best interest of the elderly person. Once the need for a conservatorship or guardianship is established, we represent the interested person in the process of filing the petition in district court. We also represent elderly persons when conservatorships or guardianships are sought who do not believe they need these protections, and have worked to protect the rights of wards in disputes with guardians and conservators.
Estate Planning Transactions
Our attorneys also practice extensively in the area of trusts and estates. We draft estate planning documents, trust documents, and related transfer documents. We also litigate controversies over trusts and estates.
FAQs: Minnesota Estate Planning
Many families have questions about how Minnesota handles estate planning issues. Below, our attorneys answer common questions so that you can make informed decisions that protect you and your loved ones.
How can I modify an existing guardianship or conservatorship?
To modify a guardianship or conservatorship in Minnesota, you must file a petition with the court that issued the original order. The court will review whether circumstances have changed enough to justify altering the arrangement. It may approve modifications for changes such as:
- Improved decision-making ability
- Concerns about the current guardian or conservator
- New medical or financial information
Those seeking modifications may need to provide updated reports, medical evaluations or other documents that support the requested change.
The court will hold a hearing to determine whether the modification serves the best interests of the protected person. These cases involve sensitive personal and financial matters, and careful preparation helps ensure that the court receives a full and accurate picture of the situation.
What happens if I die without a will in Minnesota?
If you pass away without a will, Minnesota intestacy laws will determine who receives your property. State law uses a priority system based on your closest surviving relatives. These may include a spouse, children, parents or siblings. The court appoints a personal representative to manage your estate, pay valid debts and distribute assets according to this priority order.
Unfortunately, this can lead to outcomes that differ from your personal preferences, especially in blended families or situations involving unmarried partners. Creating a will allows you to choose beneficiaries, name a trusted personal representative and reduce uncertainty for your loved ones.
What are Minnesota’s requirements for a valid health care directive?
A Minnesota health care directive must be in writing, dated and signed by the person creating this document. It must also be witnessed by two adults or notarized, and witnesses cannot be named as health care agents.
The directive may include instructions about medical treatment, end-of-life care and preferences for decision-making authority if you become unable to communicate. Minnesota allows individuals to appoint a health care agent who can speak with medical providers and make choices that reflect the person’s stated values.
Keeping the directive accessible and sharing it with family members and health care providers helps ensure your wishes are honored.
Finding The Best Way Forward
We have experience, as well, in counseling trust administrators, personal representatives, executors, and other fiduciaries on complex matters. Our goal is always to make the process run smoothly for the benefit of the involved parties. Avoiding disputes, or at least resolving them quickly and correctly, is the best most cost-effective way forward. To contact our estate planning lawyers, call us at 612-200-0235 or contact us online.