Can an intestate estate be contested in court?
Yes, an intestate estate can be contested in court in Minnesota. Intestate succession law refers to laws that dictate how a person’s estate (assets and property) is distributed if they die without a will. Generally, Minnesota intestacy laws prioritize relatives in succession to the estate of the deceased. Contesting an intestate estate can take the form of a will contest, which occurs when someone formally objects to the validity of a will. In Minnesota, the contest must be brought by an “interested party,” defined as someone who would receive part of the estate if the will was invalidated. If the court decides in favor of the person bringing the contest, the intestacy laws of the state will be followed instead. In Minnesota, a will contest must be filed within 3 years of the deceased’s death. During this time, the person objecting to the will must file legal papers in court to make their case. This includes providing evidence that challenges the validity of the will itself, or that the person who wrote the will did so under undue influence or lacked capacity. Contesting an intestate estate in Minnesota is a complicated process, so it’s important to seek the help of an experienced lawyer who specializes in estate law. An experienced attorney can help guide a person through the legal process and provide advice about the best approach for their case.
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