Trust & Estate Litigation

Attorneys

Proven Results in High-Stakes Trust & Estate Disputes

For more than 40 years, Bassford Remele has guided families, individuals, businesses, and non-profit organizations through conflicts involving trusts, wills, and estates. Our lawyers have handled matters ranging from straightforward disputes to some of Minnesota’s most high-profile and complex trust and estate litigation. We understand that these cases are often complicated not only by the law, but also by the deeply personal and emotional dynamics at play. Drawing on decades of experience, we work to protect our clients’ interests while navigating the unique challenges and sensitivities that these disputes present.

Client Services

Clients turn to Bassford Remele for:

  • Will and trust contests, including claims of undue influence, lack of capacity, or fraud
  • Petitions to remove or replace trustees and personal representatives
  • Breach of fiduciary duty and surcharge claims
  • Management and distribution disputes involving significant business or real estate assets
  • Conservatorship and guardianship disputes involving vulnerable adults
  • Litigation involving charitable beneficiaries and foundations
  • Interpretation and reformation of wills and trusts
  • Multi-jurisdictional trust and estate litigation
  • Bond trust and corporate trustee disputes

With extensive trial and appellate experience, we have successfully handled cases involving fiduciary management, estate and trust mismanagement, trust termination, constructive trusts over property, challenges to antenuptial agreements, and disputes affecting charitable, family, and corporate interests. Our depth of experience allows us to manage cases at every level of complexity, from routine estate administration disputes to litigation involving significant assets, family businesses, and multi-state trusts. By combining legal skill with an understanding of family, business, and organizational dynamics, we deliver strategies that achieve practical, lasting solutions for our clients.

Representative Cases
  • Representation of iconic singer-songwriter and former advisor, who also acted as an advisor to the special administrator of the singer-songwriter’s estate, in connection with a dispute over music rights.
  • Representation of trustee at trial and before Supreme Court trustee’s opposition to multi-million dollar claims by the personal representative of decedent’s estate, resulting in a significant and precedential decision. In Re Pamela Andreas Stisser Grantor Trust Under the Second Amendment and Restatement of Trust Agreement Dated June 6, 2001, No. A10-1646 (Minn. 2012).
  • Defense of large bank in its capacity as a corporate trustee against claims of breach of trust, breach of fiduciary duty, and a claim for surcharge in a 10-week bench trial, resulting in a favorable outcome for our client.
  • Representation of estate beneficiaries in a claim for undue influence in soliciting a new will that created a multi-million-dollar foundation.
  • Representation of trust company, obtaining summary judgment in a claim by a beneficiary alleging breach of duty with respect to trust distributions. The case set standards in Minnesota for determining trustee abuse of discretion. In re: Trs. A & B Created Under the Last Will & Testament of Divine, 672 N.W.2d 912 (Minn. Ct. App. 2004).
  • Representation of the Williams family, the family that started the Creamette Pasta Company, in a surcharge claim against a trust company, which resulted in a multi-million judgment in favor of the family’s trust as a result of the corporate trustee’s failure to diversify trust assets. In re: Will of Williams, 631 N.W.2d 398 (Minn. Ct. App. 2001).
  • Represented, and tried to conclusion, charitable beneficiary’s claims against trustee during which it was discovered the trustee committed fraud and breaches of fiduciary duties leading to damage awards, liens and seizure of assets on behalf of the charitable beneficiary. (Scott Cty. 2022).
  • Successfully tried case to terminate a trust on behalf of surviving grandchild by petitioning that a claimed measuring life for the trust was ambiguous and violated the Rule Against Perpetuities and was therefore invalid. (Ramsey Cty. 2015).
  • Tried matter contesting validity of a will due to a claim of lack of capacity. (Henn. Cty. 2011).
  • Tried estate dispute over distribution of business assets and the payment of attorney fees. (Dakota Cty. 2007).
  • Obtained successful decision in a court trial in favor of clients who contested several trust iterations on the basis of undue influence resulting in the shift of more than $2 million in assets.
  • Successful representation of trust beneficiary in a suit to remove existing trustee and appoint a new corporate trustee.
  • Successful defense of corporate trustee in suit by beneficiaries to remove the trustee and seeking monetary damages.
  • Obtained summary judgment in favor of client contesting a will and antenuptial agreement.
  • Representation of senior bond holder in a bond trust dispute with junior bond holders. (Minn. Ct. App. 2024).
  • Representation of charitable beneficiary asserting trustee breached his fiduciary duties in failing to timely pay bequest to charitable beneficiary.
  • Representation of relatives of vulnerable adult in obtaining a temporary conservatorship and litigating against caregiver/new spouse for permanent conservatorship. After vulnerable adult died, litigation against spouse on the validity of new will and trust.
  • Representation of successor corporate trustee in administering contested trust and successful defense of successor corporate trustee’s decisions and administration at trial. (Dakota Cty. 2021).
  • Obtained court order establishing clients as qualified beneficiaries of a trust and entitled to accounts and other documents even though trustee planned to exercise a testamentary power of appointment in the future. (Wash. Cty. 2018).
  • Tried and handled appeal of reformation of will matter due to mistake of drafter pertaining to the terms “children” and “descendants” and obtained reformation. (Minn. Ct. App. June 8, 2015).
  • Responded to appeal of trustees who were found to have breached their fiduciary duties to charitable beneficiaries. In re Estate of Neuman, 819 N.W.2d 211 (Minn. Ct. App. 2012).
  • Representation of successor corporate trustee in administering contested trusts while beneficiaries and former trustee litigated disputes. (Henn. Cty.).
  • Representation of corporate trustee in contested proceeding on determining who were appropriate beneficiaries of the trust and denying beneficiary’s claims for attorneys’ fees from the trust.
  • Representation of personal representatives and trustees in rejecting a preliminary injunction and overturning a temporary restraining order against them to administer estates and revocable trusts. Also represented personal representatives and trustees in action to remove them.