How to Contest a Will or Power of Attorney in the State of Minnesota

By Tom Streissguth

If you believe a Minnesota will or power of attorney should be declared legally invalid, you must have legal standing as well as valid grounds for doing so. Civil courts in Minnesota and other states set the bar high for such contests, so it may be best to hire an experienced attorney to guide you through the necessary filings and procedures.

If you believe a Minnesota will or power of attorney should be declared legally invalid, you must have legal standing as well as valid grounds for doing so. Civil courts in Minnesota and other states set the bar high for such contests, so it may be best to hire an experienced attorney to guide you through the necessary filings and procedures.

Step 1

Review the will carefully and familiarize yourself with all of its contents, including any codicils, or amendments. You must have legal standing to contest a will in Minnesota, which means you must be one of the beneficiaries in the will, an automatic beneficiary such as members of the immediate family or close relatives, or someone who is named in the will.

Protect your loved ones. Start My Estate Plan

Step 2

Ensure that you have a legal basis to contest the will. Wills in Minnesota may be contested on the grounds that they are fraudulent; that they were drawn up by the testator under duress or undue influence; that the testator was incompetent at the signing of the will; or that the will presented to the probate court is an earlier, invalid version of the legally binding current will.

Step 3

File an action in probate court, the Minnesota civil court that hears matters relating to wills, to have the will stricken. The court will halt normal proceedings in the matter and begin an investigation into the will and the allegations you have presented against it. The court will set a hearing date on which the parties may present their evidence and argue their cases before a judge.

Step 4

Contest a Minnesota power of attorney by having valid grounds to allege that the appointed person -- known as the "attorney-in-fact" -- has abused his fiduciary duty to the principal who granted the power of attorney. This includes fraud, theft, incompetence and/or other such actions that undermine the best interests of the individual granting the power of attorney.

Step 5

Hire an attorney to file a suit in civil court to strike down the power of attorney. The court will enter the suit on its docket, appoint a judge to oversee the proceedings, and issue a discovery calendar for the period of time in which the parties of the lawsuit are permitted to submit evidence supporting their positions.

Protect your loved ones. Start My Estate Plan
How to Become a Guardian of an Incompetent Spouse

References

Resources

Related articles

How to Contest a Will in British Columbia

If you wish to contest a will in British Columbia, you must follow the law of the province concerning wills and estates. Before an estate can be distributed to heirs, a will must be validated by the provincial probate court, which decides if the will was created and executed according to the law. There are various grounds for contesting a will, but in all cases it is important to present strong evidence in favor of the plea and adhere to court deadlines for bringing your action.

Timeframe for Contesting a Will in Virginia

If you would like to contest a Virginia will, you must file your objections with the clerk of court where the will has been admitted to probate. State law sets out a statute of limitations for this procedure, which in some cases can be waived or extended. To comply with the law and carry out the process according to the rules of the court, it is in your best interest to hire an experienced estate or probate attorney.

Florida Probate Laws on an Evidentiary Hearing

Few things can whip up a family feud like a will that doesn’t meet expectations. Heirs who don’t agree can take their suspicions to probate court and let a judge decide the validity of a will. But before an inheritance can be taken away in Florida, there must be an examination of the facts and application of the law. This is known as due process and achieved through an evidentiary hearing.

LegalZoom. Legal help is here. Start Here. Wills. Trusts. Attorney help.

Related articles

How to Break a Will or Probate

Probate is court-supervised administration of a testator's last will and testament. Upon the death of the person making ...

The Statue of Limitations on Contesting a Will in Kentucky

Contesting a will in Kentucky requires meeting certain deadlines. In addition, different steps are involved if the ...

What Do I Do With His Will if My Dad Passed Away?

When parents pass away, and leave behind a last will and testament, their heirs must navigate the often-complex process ...

How to Contest an Estate Will in Indiana

Indiana law provides for individuals who have legal standing to contest wills, which are statements of a deceased ...

Browse by category
Ready to Begin? GET STARTED