Many adults do not have a will, so families with access to a loved one’s estate plan may feel grateful. They appreciate that the decedent took the time to address their legacy and arranged to handle their responsibilities. Unfortunately, even when there is an estate plan on record, there may be questions about its validity. Family members and others who are close to the deceased might feel the need to contest a will that seems inaccurate based on their knowledge of the decedent’s wishes.
The law in Minnesota does allow for will contests in a variety of circumstances. However, people may feel uncertain about actually taking legal action because of the risk involved. What are the risks associated with will contests in Minnesota probate court?
The potential loss of an inheritance
Testators in Minnesota can include a no-contest or penalty clause in a will. This is basically a clause that strips someone of their inheritance if they initiate unnecessary probate litigation. The Minnesota probate courts can enforce no-contest clauses unless they agree that the plaintiff initiating the lawsuit had probable cause to do so.
A drop in estate value
A will contest can require hearings in probate court and the support of a lawyer to resolve. The costs associated with the contest can easily reach five figures, sometimes even more in cases involving high-value estates. The estate often has to cover those costs, which may mean that the beneficiaries of the estate ultimately receive far less of an inheritance than they would if no litigation occurred.
Major damage to family relationships
Contesting a will often causes major disruptions to family relationships. The people contesting the will may be resentful toward the personal representative or the beneficiaries who stand to inherit more of the estate. The personal representative and main beneficiaries may become bitter about the reduction of their inheritance due to litigation. Other people without a proverbial horse in the race may take sides. Will contests can cause lasting damage to the relationships between siblings or between stepchildren and stepparents.
Will contests are sometimes necessary when misconduct, incapacity or a failure to update documents leads to inappropriate estate planning terms. Recognizing the potential consequences of probate litigation can help people decide if going to court is the best option for their circumstances.