Minnesota Wills Attorney

Planning for what happens after your death can feel overwhelming, especially when you have loved ones and property to consider. A well-prepared will can give you greater peace of mind and make your wishes clear. At Messick Law, PLLC, we help Minnesota residents draft, review and properly execute wills. Our attorneys combine personal service with strong legal and litigation experience, backed by our founder’s more than 10 years of experience.

Because we handle a range of legal matters, we can also assist when estate planning overlaps with other needs, such as updating your estate plan after a divorce or creating a business succession plan. We serve clients throughout their lives as their legal needs change.

What Is A Last Will And Testament In Minnesota?

A last will and testament is a legal document that explains how your probate property and estate assets should be managed and distributed after your death. It can also nominate a personal representative to manage the estate and carry out your instructions. A will takes effect when you die and generally goes through probate. In contrast, nonprobate tools such as revocable living trusts and transfer on death deeds can transfer certain assets directly to beneficiaries outside the probate process.

What Can Be Included In A Will In Minnesota?

A will can address several important matters, depending on your circumstances:

• Property distribution: Identify the people or organizations you want to receive property through your estate
• Personal representative: Nominate the person you want to manage the probate process and handle estate duties
• Guardianship wishes: State your preferences for guardians for your minor children
• Specific gifts: Designate particular assets or amounts for named beneficiaries
• Residuary property: Specify who receives any remaining estate assets after allowances, administrative expenses, taxes, valid creditor claims and specific gifts have been paid or satisfied

What Are The Requirements For A Valid Will In Minnesota?

To create a valid will, you must meet Minnesota’s will requirements concerning your age, capacity, written document and signatures. In general:

• Age and capacity: You must be at least 18 years old and possess testamentary capacity, meaning you must be of sound mind and understand your assets and beneficiaries.
• Written will: In Minnesota, a valid will must always be in writing.
• Testator signature: You must sign the will, subject to limited statutory exceptions.
• Two witnesses: At least two people must sign the will within a reasonable time frame after witnessing either your signing of the will or your acknowledgment of your signature or the will. A court-authorized conservator may also sign the will in certain circumstances.
• Proper execution: Following the required process can help prevent disputes over whether the document is valid.

What Happens If You Die Without A Will In Minnesota?

Dying without a will causes your probate property to be distributed according to Minnesota’s intestate succession laws. However, assets with direct beneficiary designations or joint ownership can still pass directly to the designated beneficiary or joint owner outside of probate. This can leave important decisions about your estate to state law instead of you.

How Can The Minnesota Will Attorneys At Messick Law, PLLC, Help?

If you need a Minnesota will lawyer, our team can help you prepare a will that addresses your wishes and complies with state law:

• Will preparation: We can draft a will that accurately reflects your wishes.
• Will review: We can review your existing will and identify outdated provisions or other problems that need attention.
• Execution: We can guide you through the signing and witnessing process to help ensure your will meets Minnesota’s requirements.
• Estate planning: We can help you consider whether a will, trust, beneficiary designation or another planning tool suits your needs.
• Ongoing updates: We can review and update your will according to major changes in your life, such as marriage, divorce or having children.

Get Started Planning For The Future With A Minnesota Wills Lawyer Today

A properly prepared will can give you greater control over your estate and provide your loved ones with a sense of clarity and direction. Our team at Messick Law, PLLC, can assist with preparing, reviewing and updating your will as your goals and interests change. Planning ahead can also help you avoid leaving important estate decisions to intestacy laws in Minnesota. If you are from Minnesota and need a last will and testament lawyer, contact us at 651-505-2655 or send us an email.