Probate & Trust Litigation

Protecting the Legacy Plan.
Defending Your Inheritance.

With a team comprised of knowledgeable estate planning attorneys partnering with experienced commercial litigators, the attorneys in our Probate & Trust Litigation group have successfully resolved complex and contentious estate and trust lawsuits.

Probate & Trust Litigation

FMJ’s Probate & Trust Litigation group represents executors, trustees, beneficiaries, and interested parties in trust and estate controversies, including through counseling, alternative dispute resolution, and litigation. We have extensive experience in handling estate and trust disputes that involve anything from basic probate matters to complex business and financial issues.

Our team is comprised of knowledgeable estate planning attorneys partnering with experienced commercial litigators, and the attorneys in our Probate & Trust Litigation group have successfully resolved numerous complex and contentious estate and trust lawsuits.  FMJ’s Probate & Trust Litigation group has the experience to handle a variety of estate and trust disputes, including:

  • Contested Will Provisions
  • Contested Trust Provisions
  • Undue Influence of a Decedent
  • Lack of Testamentary Capacity
  • Lack of Contractual Capacity
  • Fraud or Conversion
  • Partnership and Shareholder Disputes
  • Contested Guardianships
  • Breach of Fiduciary Duty Claims
  • Failure to Comply with Divorce Decree
  • Family Cabin Disputes
  • Family Farm Disputes
  • Partition Actions
  • Business and Corporate Dissolution
  • Valuation Disputes and Disagreements

We offer a complimentary 30-minute initial consultation to review your potential case. Please contact estateplanning@fmjlaw.com to have someone from our group connect with you regarding your potential case.

REPRESENTATIVE EXAMPLES OF NOTABLE PAST CASES

In re Dissolution of Trust Created Under Trust Agreement Dated November 1st, 1994 (Swift County District Court, No. 76-CV-19-561) (2020) (successful representation of trustees and obtained trustees’ attorneys’ fees against in defense of petition for termination of trust).

In re John E. Schuett Revocable Trust (Hennepin County District Court, No. 27-TR-CV-15-261) (2015) (successfully resolved lawsuit alleging breach of fiduciary duty and related claims against trustee clients).

In re Estate and Trust of Walter G. Anderson, 654 N.W.2d 682 (Minn. Ct. App. 2002); (successfully defended on appeal district court’s order denying petitioner’s claim to remove trustee on grounds that the trustee breached his fiduciary duty and violated the terms of a pour-over will, trust agreement, and stock-redemption agreement)

Probate & Trust Litigation Team

Probate & Trust Litigation Resources

November 2026

FMJ Named to 9 Best Law Firms Lists for 2027!

Including 7 Tier 1 rankings! Thank you for your continued support. Read more

July 2026

14 FMJ Attorneys Selected for the 2026 Super Lawyers and Rising Stars Lists!

Congratulations to these attorneys, and thank you for another excellent year! Read more

June 2026

Prenuptial and Postnuptial Agreements in Minnesota – FMJ Law Podcast Episode 42

Karen Schlotthauer explains how prenups and postnups work, what they can and cannot accomplish, and the legal requirements involved. Read more

June 2026

FMJ Welcomes Litigation Attorney Mack Marrin

Mack represents businesses, insurers, and individuals in a variety of civil litigation matters, with a practice focused on business and commercial disputes, construction litigation,... Read more

June 2026

Pat Rooney Receives Notable Litigator Honors

Pat has been named to the 2026 list of Notable Litigation & Trial Attorneys! Read more

May 2026

Keeping the Peace: A Guide to Succession Planning for the Family Cabin in Minnesota

Without succession planning, the family cabin can be a source of significant stress and conflict when the owner passes away. Read more

March 2026

Appeals 101 – FMJ Law Podcast Episode 40

In this episode, Anna Swiecichowski and Adam Brown explain the fundamentals of the appellate process, including when a decision can be appealed, how appeals... Read more

February 2026

Are AI Generated Documents Privileged? No, According to a Recent Court Ruling.

AI searches and documents may not be protected by the attorney-client privilege. Read more

January 2026

Jamie Briones Elected as Shareholder

Congratulations, Jamie! Read more

November 2025

FMJ Named to the Best Law Firms Lists in 8 Categories!

Including five Tier 1 rankings. Thank you for all of the support this year! Read more

November 2025

David Ness Selected as a 2025 Notable Partner in Law

Congratulations on this well-deserved honor, David! Read more

August 2025

18 FMJ Attorneys Selected for the 2026 Best Lawyers and Ones to Watch Lists

Congratulations on this well-deserved honor! Read more

August 2025

Estate Planning for College-Bound Children

Why incapacity planning matters at age 18. Read more

July 2025

Cabin Planning Part Two: Lifetime Transfers and Alternative Ownership Options

Cabin planning tools to use during an owner's lifetime. Read more

Other Practice Areas

Agriculture

Agriculture

Our Agriculture group has legal experience in all aspects of agribusiness, including general corporate and transactional matters, farm succession planning, and litigation. Our attorneys also represent many types of cooperatives and independent elevators, including grain, feed, chemical, and fuel.
Appellate

Appellate

Our Appellate group has years of experience in assessing, briefing, and arguing appeals at all levels of courts throughout the United States. We have the ability to synthesize and analyze the record and the law, as well as narrow the case focus to those issues most likely to bring client benefit and appellate success.
Aviation

Aviation

FMJ is recognized nationally and internationally for its ability to serve aviation sector clients in Litigation, Corporate, M&A, Real Estate, and Employment matters. Aviation Law requires an understanding of the industry, its specific rules and regulations, and all of the factors that make legal service in aviation a unique challenge. Our aviation attorneys understand how to navigate these challenges.
Banking & Financial Institutions

Banking & Financial Institutions

Our Banking & Financial Institution team includes lending attorneys, bankruptcy attorneys, corporate attorneys, commercial and special asset attorneys, and attorneys with experience serving on bank loan committees, boards of directors of banks, and bank holding companies.
Bankruptcy, Receivership, and Insolvency

Bankruptcy, Receivership, and Insolvency

FMJ Law's attorneys represent creditors, receivers, and other parties in all aspects of bankruptcy, receivership, reorganization, and workouts in Minnesota and across the country.
Competition & Trade

Competition & Trade

We work with clients daily to help them better compete in their marketplace, whether that be local, national, global, or virtual. Our goal is to understand our clients’ businesses and challenges and help them navigate the business and legal obstacles to success.
Defamation and Reputation Protection

Defamation and Reputation Protection

Fafinski Mark & Johnson is a leader in helping businesses to protect their reputations and navigate defamation claims, including both libel and slander.
Entrepreneurship Through Acquisition (ETA)

Entrepreneurship Through Acquisition (ETA)

Fafinski Mark & Johnson is a thought leader working on the cutting edge of ETA. We value the flexibility and opportunity that ETA transactions provide for our clients, and our team has the capacity and depth of knowledge to handle issues that arise while keeping the the deal moving toward closing.
Estate Planning, Trusts, and Probate

Estate Planning, Trusts, and Probate

Our Trusts & Estates group provides estate planning, estate administration, business and unique asset succession planning, estate controversy assistance and related services to individuals, closely-held businesses, tax-exempt organizations, and corporate fiduciaries. We are always accepting new clients and offer complimentary 30-minute initial consultations and flat-fee estate planning to fit every budget.
General Corporate & Business

General Corporate & Business

Our General Corporate & Business group works with organizations of all sizes, from start-ups to Fortune 500 companies, across all industries, helping them devise strategies and solve problems. Much of the work we do is contractual – structuring, negotiating, and reviewing contracts.
Government and Agency Practice

Government and Agency Practice

Fafinski Mark & Johnson represents businesses, organizations, professionals, and individuals in disputes involving government agencies and administrative bodies. Our attorneys help clients navigate investigations and enforcement actions, respond to agency decisions, pursue administrative remedies, deal with licensing issues, and challenge government action when necessary.
HR & Employment

HR & Employment

Our HR & Employment attorneys guide our clients through the complexities of employment procedures and policies, employee benefits, hiring and termination practices, and compliance with ever-changing employment laws. We combine our knowledge of the law with specifics of our clients’ businesses to produce optimal outcomes.
Insurance

Insurance

FMJ’s Insurance group represents commercial and nonprofit insurers, and the team serves as outside general counsel to fraternal insurance companies. We advise insurance companies on all aspects of corporate, nonprofit, and insurance law.
Intellectual Property

Intellectual Property

Our Intellectual Property attorneys assist with trademark and copyright registration, compliance and licensing, dispute resolution, and pre-dispute counseling. We also have the technical, business, and legal acumen necessary to provide counsel on various intellectual property matters.
Litigation

Litigation

From local courtrooms to the United States Supreme Court, our Litigation group has a proven track record of obtaining favorable outcomes for our clients in a wide variety of legal disputes. We specialize in commercial, general, employment, shareholder, insurance defense, product liability, aviation, transportation, real estate, and appellate litigation.
Manufacturing

Manufacturing

FMJ’s Manufacturing attorneys have been holistically representing manufacturers for two decades. From R&D, through supply chain, operations, distribution, and sale channels, we know your challenges. We have a history of efficiently solving our clients’ legal issues in every phase of manufacturing.
Mergers & Acquisitions

Mergers & Acquisitions

Our Mergers & Acquisitions team has handled deals collectively worth billions of dollars. With experience representing buyers, sellers and investors, we have the capacity and depth of knowledge to understand the issues that arise during the course of a transaction and offer solutions to ensure your deal moves forward and closes.
Nonprofit & Philanthropic

Nonprofit & Philanthropic

FMJ’s Nonprofit & Philanthropic group is passionate about assisting philanthropies and nonprofit organizations in carrying out their meaningful missions, paired with their extensive experience in an array of areas, makes the firm an ideal fit to help nonprofit and philanthropic organizations face the many nuances of nonprofit law.
Products Liability

Products Liability

With their expansive product knowledge and extensive experience, FMJ’s Products Liability group is able to handle cases effectively, efficiently, and with their clients' interests always at the forefront. The group has served as regional and national counsel to multi-level international Fortune 500 companies in 30 states for over 40 years.
Real Estate

Real Estate

Our Real Estate team has the experience and practical business knowledge necessary to navigate, negotiate, and manage the nuanced elements of real estate transactions, whether you are a business that has ongoing commercial purchase and sale or lease transactions, you are an experienced investor, or you are investing in real estate for the first time.
Sports & Entertainment

Sports & Entertainment

FMJ’s attorneys provide the wide range of legal services that sports and entertainment organizations need to succeed. We understand that cost-effectiveness matters, so we deliver real value without sacrificing the quality of our advice and representation. Our team works efficiently to solve legal challenges, allowing clients to concentrate on what matters most: their craft, their content, and their game.