Dakota County Estate Planning, Trust And Family Legal Services

Divorce can reshape your estate. A contested will can expose the gaps in your plan. These legal issues do not happen in isolation. Instead, they compound each other. Our attorneys at Messick Law, PLLC, know how these matters intersect. More importantly, they know how to address the full picture.

From our offices in St. Paul, Woodbury and Faribault, our legal team can guide Dakota County residents in estate planning, trust administration, trust and estate litigation and related family law cases. Our lawyers are prepared to draft your estate plan and, if necessary, defend it in court.

Will A Revocable Trust Help Your Family Avoid Probate In Dakota County?

Yes. In Minnesota, probate is necessary if an estate is worth more than $75,000 or includes real estate. Assets transferred into a trust do not go through that process because the trust holds title to them, not you personally. Probate only governs assets owned in your name at death. As such, a revocable trust can let your assets transfer to your beneficiaries without probate.

How Do You Update Your Estate Plan After A Divorce In Minnesota?

After a divorce, you may need to review all of your existing estate planning documents, especially if your ex-spouse held a role in them. This can include reviewing and updating:

• Your will: To name a new personal representative and update your beneficiaries
• Your durable power of attorney: To designate a new financial agent
• Your healthcare directive: To appoint a new healthcare agent
• Beneficiary designations: On life insurance, retirement accounts and financial accounts, which are not controlled by your will

Under Minnesota law, a final divorce automatically revokes provisions in these documents that benefit an ex-spouse. However, updating them is still necessary to name new beneficiaries and agents.

If business ownership or interests were involved in the divorce, you may also need to reconsider your business succession plan. Our Dakota County estate planning lawyers can make sure your estate plan and succession structure both reflect your current circumstances.

What Is The Deadline For Contesting A Will Or Trust In Dakota County?

For will contests, you have three years from the date of the decedent’s death, or 12 months after informal probate begins, whichever comes later.

For contesting a trust, the deadline is three years from the settlor’s death, or 120 days from the date the trustee sends proper legal notice of the trust’s existence, whichever comes first. That 120-day window can close before most beneficiaries realize it has started.

If your claim involves a trustee’s breach of fiduciary duty, the three-year clock starts when you receive a trust accounting or report that adequately discloses the potential claim. If no such report is provided, or if it does not adequately disclose the breach, that window extends to six years.

Talk To A Dakota County Estate Planning Lawyer Today

An estate plan that cannot withstand a challenge is not a complete plan. Messick Law, PLLC, is built around trust and estate litigation, and that foundation shapes how our attorneys approach estate planning, asset protection and divorce-related legal issues in Dakota County.

If you are facing any of these issues in Dakota County, a consultation is the right place to start. Call us today at 651-505-2655 or send us a message to schedule an appointment.