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Probate: Will Contest-Undue Influence

Where appellants challenged summary judgment granted in favor of respondent on an action contesting the will of the parties’ mother, there were general issues of material fact in dispute so that respondents were not entitled to judgment as a matter ...

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Probate: Trusts-Prior State Court Judgment-Jurisdiction

Plaintiff appealed from the dismissal of his action raising claims from a prior Minnesota state court judgment. Where district courts lacked authority to review state court judgments, the district court correctly dismissed plaintiff’s complaint for lack of jurisdiction. Judgment is ...

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Probate: Amendments to Will, Trust and Beneficiary Forms-Mental Capacity

Defendant appealed from the judgment finding that the amendments to his grandmother’s will, trust and beneficiary forms, which named him and his cousin as beneficiaries, were null and void because she lacked sufficient mental capacity and because they were the ...

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Probate: Distribution of Estate Property-Appointment of Personal Representative

Plaintiff appealed the probate judgment and order directing distribution of her husband’s estate property despite her objections. Plaintiff argued that the trial court lacked authority to appoint the personal representative and should have instead appointed the public administrator as requested ...

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Probate: Irrevocable Trust-Income Distributions-Breach of Fiduciary Duty

Where a co-trustee challenged a probate court judgment allowing income distribution to the grantor’s grandson, the court improperly interpreted the trust as it related to the trustee’s ability to request the grandson’s financial information before authorizing the distribution, but the ...

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Probate: Jurisdiction-Abatement

Where appellant challenged the dismissal of her civil case claiming that her deceased husband had conveyed via beneficiary deed two parcels of land in fraud of her marital rights, the trial court properly treated the motion to dismiss as stating ...

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