This is primarily a note on how to avoid at least part of an estate litigation amongst your heirs. The simplest methodology for ensuring your assets go where you want them to go is to name a beneficiary.
Estate ligation involves assets that do not have beneficiaries named. The explanation simply is that assets with beneficiaries are not part of a probated estate. You can name a beneficiary in White Bear Lake while your probate is ongoing in Washington County and that asset (and the White Bear Lake domiciled beneficiary) will not be a part of the probate litigation.
Effectively this reduces what is at issue in the litigation. Functionally, the smaller the pot that people are fighting over, the more likely they are to reach a settlement. In my experience, most litigants appreciate the economics of paying for a litigation versus resolving the dispute, even if the resolution is not the best or preferred result.
Bring me your estate planning questions or estate litigation cases for analysis. I'll guide you in the right direction to ensure your estate goes where you want, not where a judge decides.
