Probate & Trust Law Section Conference Manual ... - Minnesota CLE

E. Undue influence
1. Must prove testator was “mere puppet” of influencer.
Estate of Torgersen, 711 N.W.2d 545 (Minn. App. 2006).
TIP EIGHT: ATTORNEY FEES ARE AVAILABLE FOR
CONDUCTING LEGAL PROCEEDING
OF BENEFIT TO THE ESTATE
A. Minn. Stat. § 524.3-720 provides that “any interested party” who
retains an attorney who pursues a claim from which the estate
benefits, “such attorney shall be paid such [reasonable]
compensation from the estate. . .”
B. Note: The language of this statue is somewhat convoluted but it
indicates that such a proceeding can be pursued with a demand
upon the personal representative or apparently without a demand
to the personal representative. The test is “benefit to the estate”
which implies success in the action.
C. The statute embraces any proceeding whether it is a probate
proceeding or is a civil proceeding in another court as long as it
benefits the estate. Gellert v. Eginton, 770 N.W.2d 190 (Minn.
App. 2009).
D. The criterion of whether the proceeding benefits the estate is
whether any interested person other than the moving party receives
a benefit. Gellert v. Eginton, supra. In Gellert, the court ruled
out benefit to the estate only when the advantage obtained
7