A last will and testament is the foundation of every estate plan. It can allow you to provide for your loved ones in the way you intend and give you the peace of mind you need that your wishes will be carried out when you pass away. At The Law Shop Minnesota, our will attorneys understand how emotional and complex the process of writing a will can be. We will work closely with you to identify your assets, discuss your objectives, and draft a legally sound instrument that will help minimize disputes among your family members.

Protecting Your Legacy and Ensuring Peace of Mind with a Will

Everyone should have a last will and testament in place, regardless of the size of their estate. This instrument can enable you to name an executor for your estate and leave property to the beneficiaries you choose, rather than allow state law (called “intestate law” or “intestacy statutes”) to decide who receives your assets. With a will, you can achieve a custom variety of objectives, such as leaving assets to a partner you are not married to, donating to a charitable cause you believe in, and nominating, a guardian for any minor children you have. You can also provide instructions for your funeral and burial arrangements to ensure your wishes will be honored.

Notably, once you have drafted your will, you can make changes at any time during your lifetime. In fact, you should review your will on a regular basis or when life changes occur to ensure the document still meets your wishes. At The Law Shop Minnesota, our will attorneys can assist you with drafting a tailored last will and testament that reflects your intentions and ensures all aspects of your estate are addressed. We can also review your will with you at regular intervals and help you modify the instrument if your circumstances have changed.

What Are the Requirements for a Will?

In order for your will to be valid and ensure your wishes are met, it must meet certain criteria. In Minnesota, a legally valid will must be:

  • Created by someone of sound mind: The testator must be at least 18 years old and have the mental capacity to understand the nature of the document.
  • In writing: The instrument can be typed or handwritten, but it must be in writing. Oral wills are not valid under Minnesota law.
  • Signed by the testator: The person who created the will must sign it. In limited circumstances, someone else may sign the will in the testator’s presence and under their direction.
  • Signed by two witnesses: Two witnesses must be present at the time the will is signed. The witnesses must also sign the instrument.

Although a will does not need to be notarized under Minnesota law, notarization can make a will “self-proving.” This helps establish that the will is valid if it is contested in court. If your will does not meet the necessary legal criteria, it will be deemed invalid, and intestate law would govern who receives your assets. The will attorneys at The Law Shop Minnesota have extensive experience drafting customized wills. We can ensure the instrument complies with the applicable laws and is properly executed to withstand any potential legal challenges.

What Happens if You Don’t Have a Will?

If you don’t have a valid last will and testament in place (or utilize any other estate planning tools), Minnesota intestate law would apply to determine the distribution of your assets. This may result in unwanted outcomes and consequences you had not intended. For instance, your children from a previous marriage may not receive the inheritance you wished them to have. The state’s intestacy laws also do not provide for stepchildren, close friends, or unmarried partners. By drafting a will, you can name your beneficiaries and the specific asset you would like them to inherit, overriding intestate law.

Without a will, there is also a higher risk that your family members will argue over your assets, and your estate would be subject to probate litigation. In addition, unless you execute a will, there would be no executor named to manage your estate. In such cases, the court would appoint someone to serve in the role, who might not be the individual you would have chosen.

Contact an Experienced Minnesota Will Attorney

A last will and testament can ensure you remain in control of the distribution of your assets and pass your property to your intended beneficiaries. Contact us to schedule a meeting at either our St. Paul or Edina offices, or to connect with us from anywhere in greater Minnesota through a Zoom consultation for convenient, accessible legal support. Contact us online or call (651) 344-6100 to learn more about how we can assist you.