Minneapolis Wills Lawyers
Providing Guidance to Clients as They Work On Estate Planning
If you are planning for your future, making a will is likely on your mind. This is an estate planning staple that lets you control how your belongings are divided up when you pass away. While a will is usually rather straightforward to interpret, it’s not always easy to put together, especially if you have any unique requests.
If you want to ensure that your will follows the estate planning rules in Minnesota and is, therefore, valid, you should hire a lawyer for help. When you come to us for legal guidance on your will, you can expect our friendly, skilled Minneapolis lawyers to carefully draft a document that ensures your wishes are carried out after you pass away. Contact our team for assistance today!
Why Should You Make a Will?
The point of a will is to make it clear which of your loved ones are entitled to your assets after your death. If you have minor children, your will should appoint a guardian whom you trust to care for them.
In short, writing a will is your chance to make sure your family members are taken care of, as this document should indicate what each beneficiary will get from your estate. For instance, your will can specify to whom you’re leaving your house, cars, and money. If you have multiple beneficiaries, the will should specify how these assets will be divided among them.
Your will should also appoint a personal representative, or executor, to handle your estate and probate administration. The personal representative is expected to use your assets to pay creditors, notify government agencies about your death, and distribute your assets according to the will. As such, you should choose someone you trust, such as a close family member or friend.
What Should You Know Before Drafting Wills?
As you prepare to make your will, you should know some basic rules surrounding estate planning in Minneapolis, MN. First, you must be at least 18 years old and of sound mind, as it’s important to ensure that you were not manipulated into writing a will by someone who stands to benefit from it.
In addition, the will has to be in writing on paper, not in digital format. You must sign the will in front of two witnesses, who must also sign the document. If you want to change your will, you must create a new one that states that this new document revokes the old one. Whether you’re drafting your first will or writing a new one, it’s best to consult with a Minneapolis wills attorney to ensure you’re following all the rules that will make it valid.
What is the Probate Process?
When a person passes away, their estate goes through the probate process. In this process, their personal representative or estate executor has the important responsibility of validating the will in court, settling debts, valuing property and assets, locating designated beneficiaries, and distributing remaining estate assets to those beneficiaries.
The probate process can be long, expensive, and complicated, and it is wise to retain professional legal representation in order to achieve success and protect your interests during the probate proceedings. While a will makes the probate process simpler, less expensive, and easier on grieving families, it does not avoid probate. However, other estate planning tools help estate assets avoid probate, such as creating trust.
What Happens If You Pass Away Without a Will?
Having a will is not required, but it is highly recommended if you want control over how your assets are handled upon your death. If you pass away without a will, Minnesota law states that the court will appoint a personal representative to manage your estate, and it might not be the same person you would have chosen.
Without a will to specify how your assets are divided, they will typically go to your spouse and children. If you’re single and do not have children, your parents would be next in line to inherit your assets, followed by siblings and other relatives.
If there are family members to whom you do not wish to leave your assets, it’s essential that you draft a will to state who should get them. Additionally, if you want to avoid your family members going to court to decide who gets your assets, come to our Minneapolis law firm to draft your will today.
Do You Have to Hire Wills Attorneys to Create a Will?
You’re not required to get legal assistance with your will. However, the point of this document is to give you peace of mind about how your estate will be handled when you’re no longer here, so you don’t want to worry that your will is not clear or valid.
If your will is not drafted correctly, there is a chance of contests, disputes, and litigation between feuding beneficiaries. Your loved ones deserve a chance to grieve, not argue amongst themselves. Wills diminish the chances of conflicts arising and our legal team can help ensure that your will was drafted properly.
This is why it’s best to hire a wills lawyer who can guide you through the process of drafting a will, especially if you have any unique circumstances to take into consideration. If you’re ready to get started, contact our Minneapolis law firm at 612-448-9653 for a free consultation.
What Are Will Contests?
With the creation of a will, the estate holder seeks to establish their final wishes and how they would like their hard-earned assets to be distributed after their death. However, there are various reasons why wills and the handling of estates can be contested or questioned in court.
A will can be voided if the will-maker did not have the sufficient mental capacity to execute it, according to Minnesota law. For example, if the testator suffered from severe dementia at the time of drafting their will, there may be concerns that they lacked the capacity to make informed decisions about the drafting of their will.
Accusations of fraud, coercion, and undue influence can also disrupt or delay probate proceedings. Wills can be voided by the courts if it is determined that the contents of the wills were created via undue influence by a third party, written fraudulently, or drafted under coercion. It is up to the plaintiff to prove these accusations.
Wills can also be voided if the testator’s signature is forged or was not properly witnessed by two witnesses. Similarly, wills can be voided and thrown aside if they were improperly executed or worded in vague terms.
Minnesota law considers wills valid unless convincing evidence proves otherwise. If you have reason to challenge a will or are seeking to defend the will as it is written, it is recommended that you seek professional legal counsel from a legal team with extensive experience in estate and probate laws. Contact our legal staff to schedule your free initial consultation today.
How Often Should You Review and Update Your Will?
Wills should be updated regularly. As our client, we would recommend that you update your will at least every year. However, wills should also be revised after major life events and significant changes in circumstances.
Consider revising your estate plan after the death of a beneficiary, the birth of a new child, significant changes in financial circumstances, the launching of new businesses, and marriage, divorce, or remarriage.
Contact our estate planning law firm for legal advice on the importance of keeping your wills and estate planning documents current.
What Other Estate Plan Legal Services Does Our Law Firm Provide?
In addition to helping our clients with the drafting, reviewing, and executing of wills, our lawyers have extensive experience in a variety of estate planning practice areas.
Our legal services include the following:
- Advance health care directives
- Asset protection strategies
- Business succession planning for small and family-owned businesses
- Business successor selection
- Charitable giving trusts
- Estate and trust administration
- Guardianship and conservatorship matters
- Life insurance trusts
- Minimizing estate taxes through thorough estate planning
- Probate
- Resolving family and business disputes
- Special needs trusts
- Tax reduction strategies
- The founding of private foundations
- The preparation of power of attorney documents
- Trustee selection
- And more
Schedule a Free Case Evaluation with an Experienced Estate Planning Attorney Today
Metropolitan Law Group is an estate and wealth planning law firm located in Minneapolis, MN. Our legal team has extensive experience assisting clients in the Minneapolis area with their estate planning needs, including drafting wills, contesting wills, and executing wills during probate.
Our legal team, led by attorney Lisa A. Haster, proudly provides compassionate and comprehensive legal services to clients in need. To learn more about how we can help you with your will and estate planning goals, don’t hesitate to get in touch with our Minneapolis law office to schedule your free, no-obligation case evaluation today. You may reach us at 612-448-9653.