Estate planning rarely makes headlines. When a business publication hosts a panel on the subject, it shows how much is at stake for Minnesota families. As estate and probate attorneys, we see both outcomes. Some families find their plans worked. Others face conflict, cost and delay because a plan was incomplete, outdated or allegedly mishandled.
What Happened
On October 30, 2026, the Twin Cities edition of a regional business journal published a “Table of Experts” feature on estate planning in Minnesota. According to its title, the discussion focused on three groups: business owners, corporate executives and families.
We had access only to the headline, so we are not summarizing or characterizing anything an individual panelist said. This was an educational feature, not a report of a lawsuit, accident or wrongdoing. No one has been accused of anything in connection with it.
We are addressing the topic because these three groups often face the most complicated planning problems. When those problems go unaddressed, heirs, co-owners and loved ones may be the ones who bear the consequences.
Who May Be Liable
When an estate plan is carefully drafted and faithfully carried out, there is usually no one to hold responsible. Avoiding that kind of failure is the point of planning. Problems tend to arise when something breaks down. Depending on the facts, the following parties could be liable:
- Personal representatives (executors) who allegedly delay the process, mismanage assets, favor themselves or ignore the will.
- Trustees who may fail to invest prudently, keep beneficiaries informed or distribute assets according to the trust’s terms.
- Agents under a power of attorney who allegedly use an aging parent’s money for their own benefit.
- Individuals who exert undue influence over a vulnerable person to change a will, trust or beneficiary designation.
- Drafting attorneys or other advisors whose errors may defeat a person’s documented wishes.
- Business co-owners who may refuse to honor a buy-sell or operating agreement after an owner dies or becomes incapacitated.
Whether any of these parties is actually responsible depends on the specific documents, conduct and evidence involved.
Legal Theories That May Apply
- Breach of fiduciary duty: Executors, trustees and agents owe legal duties of loyalty and care, and a breach may support a claim for repayment or removal.
- Will or trust contest: A document may be challenged if the person allegedly lacked mental capacity, was unduly influenced or did not sign with the required formalities.
- Legal malpractice: An attorney whose drafting or advice fell below professional standards could be liable for resulting losses, subject to Minnesota’s expert-affidavit requirements.
- Breach of contract: Buy-sell, operating and shareholder agreements are contracts, and failing to honor them may give rise to a claim.
- Financial exploitation and conversion: Taking or misusing a vulnerable adult’s property may lead to civil liability, mandatory reporting and possible criminal consequences.
- Petitions for accounting or court supervision: Under Minnesota’s Trust Code and probate statutes, interested persons may ask the court to require an accounting or to oversee administration.
Damages Victims May Recover
Estate disputes look different from injury cases. Medical bills and lost wages are rarely the focus. Instead, remedies usually aim to restore what was lost. Depending on the case, remedies may include:
- Restoration of misappropriated or wasted assets. This is sometimes called a “surcharge” against a fiduciary.
- Lost or diminished inheritance caused by drafting errors or misconduct.
- Avoidable taxes, penalties and interest. This includes Minnesota estate tax, which applies to estates above a $3 million exclusion, far lower than the federal threshold.
- Lost business value when succession planning fails or agreements are not honored.
- Attorney fees and costs. In some circumstances, a court may order these paid from the estate or by a fiduciary who acted in bad faith.
- Removal of a fiduciary and denial of their fees.
- Punitive damages in rare cases. In Minnesota, a party generally must get the court’s permission before seeking them.
Evidence That Strengthens a Case
- Every version of the will, trust and amendments, including earlier drafts.
- The drafting attorney’s file, notes and engagement letter.
- Bank, brokerage and credit card statements showing where money went.
- Trust or estate accountings and inventories.
- Medical records and physician notes bearing on capacity around the signing date.
- Statements from witnesses, notaries, caregivers and family members.
- Beneficiary designation forms for life insurance, retirement accounts and transfer-on-death assets.
- Business records, including buy-sell agreements, operating agreements, valuations and meeting minutes.
- Emails, texts and voicemails that may show pressure, isolation or intent.
What to Do Next
If you are planning: Review your will, trust, health care directive, power of attorney and beneficiary designations after any major life or business change. Business owners should confirm they have a succession plan and a funded buy-sell agreement. Executives should check how equity awards and deferred compensation pass at death.
If you have concerns about an estate or trust:
- Preserve documents and communications. Don’t throw anything away, even if it seems minor.
- Request information in writing. Trustees and personal representatives generally must keep beneficiaries reasonably informed.
- Avoid signing releases or receipts until you understand what you may be giving up.
- Be cautious about informal settlement talks with a fiduciary or their lawyer until you have independent advice.
- Act promptly. Creditor claims can be cut off as soon as four months after notice is published. Will contests and malpractice claims have their own deadlines.
If you or a loved one is working through estate planning questions, or you believe an estate, trust or family business has been mishandled, you don’t have to sort it out alone. The attorneys at Rosenzweig Law Office can review your documents, explain your options under Minnesota law and help you choose a next step. Learn more or request a confidential consultation at https://barrylaw.com/.
Frequently Asked Questions
Do I need an estate plan in Minnesota if my estate is under $3 million?
Yes, in most cases. Minnesota’s estate tax may not apply to you, but a plan also names guardians for minor children and appoints someone to make health care and financial decisions if you become incapacitated. Without a plan, Minnesota’s default inheritance rules decide who receives your property.
What happens to my small business if I die without a succession plan?
Your ownership interest may pass through probate, which can stall decision-making while the business still needs to run. Co-owners and heirs may end up in conflict over control or value. A buy-sell agreement and coordinated estate documents can reduce that risk.
Can I sue a trustee or executor I think is mismanaging an estate?
Possibly. Minnesota law allows interested persons to ask the court for an accounting, removal of a fiduciary or repayment of losses caused by an alleged breach of duty. The strength of a claim depends on the documents and financial records, so an early attorney review is important.
How long do I have to contest a will in Minnesota?
It depends on how the estate is being probated. A formal challenge generally must begin within three years of the death, but much shorter deadlines may apply once a will has been admitted in a formal proceeding or certain notices have been given. Missing a deadline can end a claim, so it is wise to talk with a probate attorney right away.
What if the lawyer who drafted my parent’s will made a mistake?
In limited situations, Minnesota courts have allowed intended beneficiaries to bring malpractice claims when a drafting error defeated the person’s clear intent. These claims typically require an affidavit from a qualified expert and are subject to strict deadlines. Reviewing the will, earlier drafts and the attorney’s file may show whether a claim is possible.
Do beneficiary designations override my will?
Generally, yes. Life insurance, retirement accounts and payable-on-death or transfer-on-death assets usually go to the named beneficiary regardless of what the will says. In many situations, Minnesota law may cancel a designation naming a former spouse after divorce, but you should still update your forms.
Can my family avoid probate in Minnesota?
Often, at least in part. Funded revocable trusts, transfer-on-death deeds, payable-on-death accounts and joint ownership can move assets outside probate. Smaller estates may also qualify for a simplified affidavit procedure if probate assets fall below Minnesota’s statutory limit.
Original reporting: bizjournals.com.
