What does a will do?
If you die without a will, the State of Minnesota’s Intestacy Laws will decide how your property is divided. By creating a will, you are telling the Probate Court in your County your last wishes in regard to several things, for example:
- You may choose to pass assets to persons whom the Minnesota’s Intestacy Laws would not otherwise benefit, such as charities, stepchildren, friends, or godchildren.
- You may designate a guardian for your minor child(ren) if you are the surviving parent. By doing so you will save family or other interested person(s) some of the expense of being appointed by a court. You will also minimize court involvement in the care of your child.
- In Minnesota, you may designate the personal representative of your estate in your will, and eliminate their need for a bond.
- You may appoint a custodian under the Uniform Transfers to Minors Act for minor children or grandchildren, eliminating the expense of having a court appointed custodian.
Do I need a lawyer to draft a will?
In Minnesota, you do not need an attorney to draft your will as long as you follow all of the applicable formalities and laws. Before you draft your own will or have a website do it for you, however, it is advisable to ask yourself the following questions, among others:
- Will my son/daughter in-law inherit my property?
- What happens to my property in a divorce?
- What happens to my property should medical assistance be necessary?
- How will my loved ones living with a disability be treated?
- How will my minor children or grandchildren be cared for, and how will they inherit assets from my estate at a young age, can they?
- Who will you name as your personal representative? What are their duties?
We would strongly advise that you seek the counsel of an experienced estate planning attorney when creating a will or any testamentary document. If you have questions regarding your own will, please contact Rochford & Langins law offices at 507-534-3119.