I’m launching a new feature on the blog with this post. From time to time, I’ll provide a brief summary of recent, interesting Minnesota cases relevant to estate law and lessons for estate law attorneys. If you just want the lessons without the case summary, jump down to the bottom.
In re the Estate of Erna M. Wingren
MN Court of Appeals, A08-0944, unpublished
June 9, 2009
Facts of the Case
- Mom died testate, leaving 4 adult children.
- Two children were expressly disinherited and the other two were left most of the estate, one of whom was nominated as the personal representative under the Will.
- A formal probate hearing was scheduled to probate the Will and appoint the personal representative.
- The two disinherited children (the “Objectors”) filed an objection to the Will alleging it was executed because of undue influence.
- The Objectors also brought a motion for an order permitting subpoenas to be served on third parties in order to obtain medical and financial records of the decedent.
- At the hearing, the judge denied the motion and ruled that, since there were no formal pleadings presenting the objections in detail, granting the discovery request would be something like a fishing expedition.
- The judge also said that the Objectors would need to file a separate action in district court (not within the probate case), if they wanted to proceed with discovery.
- The Objectors appealed.
The Court of Appeals Decision
- The Objectors are entitled to discovery and don’t need to commence a separate action.
- Probate cases are governed by the Rules of Civil Procedure, unless there in inconsistency. The Rules permit parties to obtain discovery “as long as the information sought appears reasonably calculated to lead to the discovery of admissible evidence.” Rule 26.02(a).
- Previous decisions of the Court have ruled that “a party objection to the probate of a Will may conduct discovery within a probate proceeding.”
- Though some district courts in Minnesota, as a matter of practice, have required that litigants determine the outcome of a Will contest in a separate action, there is no basis for that in the probate code or case law.
- Reversed and remanded.
Lessons for Attorneys
- Objectors of a Will are entitled to discovery and need not commence a separate action in order to litigate the matter.
- Unless there is an inconsistency, the Rules of Civil Procedure apply to probate cases.
- Certain district court judges may need to be “educated” about the rights of objectors by the attorney for the objectors.
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