Zealous Legal Advocates Free Consultations with Experienced Attorney 	Will Contests 	Trust Contests 	Removal of Personal Representative 	Probate Disputes, including Undue Influence and Incapacity 	Complex Probate Litigation 	Re-Opening of Previous Probate Proceedings 	Representation of Interested Parties 	Improper Execution Claims 	Fraud Claims 	Elective Share Claims 	Non-Probate Asset Transfers
Estate Litigation & Will Contests
Molinaro Davis Law PLLC
2809 Cliff Road East, Suite 100 Burnsville, Minnesota 55337
Unfortunately when a person passes away, not all family members act in accordance with the decedent’s last wishes.  Other times, family members or other parties may have acted improperly before the death of the decedent, for example, by improperly influencing the decedent to execute a will that the decedent should not have executed.  Other times, interested parties merely want to ensure that their interests in a probate proceeding are adequately monitored or that the personal representative is acting in accordance with the decedent’s last will and testament.  Our attorneys can assist you with any type of claim involving wills and trusts.    Our attorneys provide free consultations for all types of cases.  Fill out the contact form to request a free consultation or call our firm at (651) 705-8800.  If your claim ends up benefiting the estate, you may be entitled to have the attorney fees paid out of the estate.   We have represented clients in all types of contested proceedings, including undue influence and testamentary capacity claims, removal of personal representatives, representation of interested parties and reviewing the actions of a personal representative.  We have also represented parties in challenging trust agreements.  No case is too big or too small.  You can call us at (651) 705-8800 to set up a free consultation or use the contact form above.  You can also email us at atty@molinarodavis.com.  We look forward to working with you. 
CLIENT & COLLEAGUE REVIEWS “Ms. Molinaro was a pleasure to work with.  She kept me informed promptly of any new developments in our case.  She is wise and respectful and always steered me in the right direction.  I feel very fortunate to have had the pleasure to having Ms. Molinaro as an attorney and would recommend her as a competent, resourceful ethical legal advisor.” “Kristin Davis is a very thorough attorney.  She is smart and provides no nonsense advice to her clients.  She pays attention to detail and doesn’t miss anything.  She is a great attorney.  You won’t regret hiring Kristin.” “My Husband and I truly Thank Teresa Molinaro for ever thing she did for us, when she took our case she seen we were confused and didn’t know what was going on and didn’t know what to do, Teresa told us not to worry that she would handle everything, and she did just that!  she kept us informed.  She took a heavy weight off of us, Words could not be enough for what she did for us.  We Thank her!  Thank her so much.  If you are looking for a Lawyer to get the job done....She’s the best person for the job!!  You will not be disappointed.” “Teresa Molinaro is as thoughtful and thorough as she is insightful and professional.  She took on my complicated legal case, did her research and sought outside advice when appropriate.  Her follow through was excellent, and although I don’t yet know the outcome of my case, I do know that I have the very best attorney working for me!”

Frequently Asked Questions

             Website: www.molinarodavis.com  Email: atty@molinarodavis.com
Molinaro Davis Law PLLC  |  2809 Cliff Road East, Suite 100| Burnsville, MN | 55337 | Tel: (651) 705-8800 | Fax: (651) 705-8803

Can I challenge my dad’s will?

My father died and left everything to my sister.  Can I challenge the will?

You can challenge a will if you have grounds for doing so.

If you believe that your sister unduly influenced your father, that your father lacked the capacity to execute a will, or that the will was not properly executed, you may be able to challenge the will.  There may be other grounds as well, but those are the most common.

Can a personal representative be removed?

My mother died and my sister was appointed personal representative.  I don’t believe she’s acting in the best interests of the estate.  Can I ask the court to have her removed as personal representative?

You can petition the court to remove a personal representative if you have grounds for doing so

If you believe the personal representative is not acting in the best interests of the estate, has committed fraud upon the estate, has embezzled funds from the estate, is incompetent, or have other reasonable grounds, you may be successful in petitioning the court to remove the personal representative.

Who is the executor?

My mother died; who is the executor of her estate?

It depends.

The personal representative (or executor) is typically appointed by the court and is typically the party named in the will.  If there is no will, you can request to be appointed as personal representative.  If you do not agree with the appointment of a certain person as personal representative, you can file paperwork with the court to dispute the appointment.

If I challenge the will, can my attorney fees be paid by the estate?

I want to challenge a will; can my attorney fees be paid by the estate or do I have to pay the costs myself?

In some cases, your attorney fees can be reimbursed by the estate.

If a person successfully opposes the allowance of a will, they will be entitled to receive from the estate necessary expenses and disbursements including reasonable attorneys’ fee incurred.

Who inherits if there is no will?

My mother died without a will.  Who will inherit her property?

If someone dies without a will, their estate is considered intestate.

If someone dies without a will, their estate is intestate.  Their property passes according to the intestacy statute.  A surviving spouse has certain rights and typically inherits the bulk of the property (depending on whether there are surviving children).  Children typically come next, followed by parents, siblings, etc. 

Can I disinherit my spouse or children?

My wife and I have been separated for many years.  If I die, will she get anything?  I’d also like to disinherit one of my children.

You can disinherit a child but not a spouse.

You cannot disinherit a spouse in Minnesota.  Your surviving spouse will be entitled to an elective share of your estate, which depends on the length of the marriage.  However, you can disinherit children in Minnesota, but must have a will or trust in place to do so. 
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The foregoing is meant to be general guidance and does not constitute legal advice.  Please contact our firm at (651) 705-8800 to discuss your specific questions regarding probate litigation or fill out the form above. Serving the entire metro area, including, but not limited to, Dakota County, Ramsey County, Hennepin County, Carver County, Scott County, Washington County, Rice County, Burnsville, Eagan, Lakeville, Apple Valley, Rosemount, Mendota Heights, South St. Paul, West St. Paul, Inver Grove Heights, Savage, Bloomington,  Farmington, Prior Lake, Mendota, Lilydale, St. Paul, Minneapolis, Richfield, and Shakopee.

Twin Cities: (651) 705-8800

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Zealous Legal Advocates Free Consultations with Experienced Attorney 	Will Contests 	Trust Contests 	Removal of Personal Representative 	Probate Disputes, including Undue Influence and Incapacity 	Complex Probate Litigation 	Re-Opening of Previous Probate Proceedings 	Representation of Interested Parties 	Improper Execution Claims 	Fraud Claims 	Elective Share Claims 	Non-Probate Asset Transfers
Molinaro Davis Law PLLC
2809 Cliff Road East, Suite 100 Burnsville, Minnesota 55337
Unfortunately when a person passes away, not all family members act in accordance with the decedent’s last wishes.  Other times, family members or other parties may have acted improperly before the death of the decedent, for example, by improperly influencing the decedent to execute a will that the decedent should not have executed.  Other times, interested parties merely want to ensure that their interests in a probate proceeding are adequately monitored or that the personal representative is acting in accordance with the decedent’s last will and testament.  Our attorneys can assist you with any type of claim involving wills and trusts.    Our attorneys provide free consultations for all types of cases.  Fill out the contact form to request a free consultation or call our firm at (651) 705-8800.  If your claim ends up benefiting the estate, you may be entitled to have the attorney fees paid out of the estate.   We have represented clients in all types of contested proceedings, including undue influence and testamentary capacity claims, removal of personal representatives, representation of interested parties and reviewing the actions of a personal representative.  We have also represented parties in challenging trust agreements.  No case is too big or too small.  You can call us at (651) 705-8800 to set up a free consultation or use the contact form above.  You can also email us at atty@molinarodavis.com.  We look forward to working with you.
CLIENT & COLLEAGUE REVIEWS “Ms. Molinaro was a pleasure to work with.  She kept me informed promptly of any new developments in our case.  She is wise and respectful and always steered me in the right direction.  I feel very fortunate to have had the pleasure to having Ms. Molinaro as an attorney and would recommend her as a competent, resourceful ethical legal advisor.” “Kristin Davis is a very thorough attorney.  She is smart and provides no nonsense advice to her clients.  She pays attention to detail and doesn’t miss anything.  She is a great attorney.  You won’t regret hiring Kristin.” “My Husband and I truly Thank Teresa Molinaro for ever thing she did for us, when she took our case she seen we were confused and didn’t know what was going on and didn’t know what to do, Teresa told us not to worry that she would handle everything, and she did just that!  she kept us informed.  She took a heavy weight off of us, Words could not be enough for what she did for us.  We Thank her!  Thank her so much.  If you are looking for a Lawyer to get the job done....She’s the best person for the job!!  You will not be disappointed.” “Teresa Molinaro is as thoughtful and thorough as she is insightful and professional.  She took on my complicated legal case, did her research and sought outside advice when appropriate.  Her follow through was excellent, and although I don’t yet know the outcome of my case, I do know that I have the very best attorney working for me!”

Frequently Asked Questions

             Website: www.molinarodavis.com  Email:
Molinaro Davis Law PLLC  |  2809 Cliff Road East, Suite 100| Burnsville, MN

Can I challenge my dad’s will?

My father died and left everything to my sister.  Can I challenge the will?

You can challenge a will if you have grounds for doing so.

If you believe that your sister unduly influenced your father, that your father lacked the capacity to execute a will, or that the will was not properly executed, you may be able to challenge the will.  There may be other grounds as well, but those are the most common.

Can a personal representative be removed?

My mother died and my sister was appointed personal representative.  I don’t believe she’s acting in the best interests of the estate.  Can I ask the court to have her removed as personal representative?

You can petition the court to remove a personal representative if you have grounds for doing so

If you believe the personal representative is not acting in the best interests of the estate, has committed fraud upon the estate, has embezzled funds from the estate, is incompetent, or have other reasonable grounds, you may be successful in petitioning the court to remove the personal representative.

Who is the executor?

My mother died; who is the executor of her estate?

It depends.

The personal representative (or executor) is typically appointed by the court and is typically the party named in the will.  If there is no will, you can request to be appointed as personal representative.  If you do not agree with the appointment of a certain person as personal representative, you can file paperwork with the court to dispute the appointment.

If I challenge the will, can my attorney fees be paid by the estate?

I want to challenge a will; can my attorney fees be paid by the estate or do I have to pay the costs myself?

In some cases, your attorney fees can be reimbursed by the estate.

If a person successfully opposes the allowance of a will, they will be entitled to receive from the estate necessary expenses and disbursements including reasonable attorneys’ fee incurred.

Who inherits if there is no will?

My mother died without a will.  Who will inherit her property?

If someone dies without a will, their estate is considered intestate.

If someone dies without a will, their estate is intestate.  Their property passes according to the intestacy statute.  A surviving spouse has certain rights and typically inherits the bulk of the property (depending on whether there are surviving children).  Children typically come next, followed by parents, siblings, etc. 

Can I disinherit my spouse or children?

My wife and I have been separated for many years.  If I die, will she get anything?  I’d also like to disinherit one of my children.

You can disinherit a child but not a spouse.

You cannot disinherit a spouse in Minnesota.  Your surviving spouse will be entitled to an elective share of your estate, which depends on the length of the marriage.  However, you can disinherit children in Minnesota, but must have a will or trust in place to do so. 
A A A A A A
The foregoing is meant to be general guidance and does not constitute legal advice.  Please contact our firm at (651) 705-8800 to discuss your specific questions regarding probate litigation or fill out the form above. Serving the entire metro area, including, but not limited to, Dakota County, Ramsey County, Hennepin County, Carver County, Scott County, Washington County, Rice County, Burnsville, Eagan, Lakeville, Apple Valley, Rosemount, Mendota Heights, South St. Paul, West St. Paul, Inver Grove Heights, Savage, Bloomington,  Farmington, Prior Lake, Mendota, Lilydale, St. Paul, Minneapolis, Richfield, and Shakopee.