Planning for what happens after you are gone is one of the most meaningful things you can do for the people you care about. A last will and testament puts your wishes in writing, names the people you trust to carry them out, and gives your family a clear path forward during what is already a difficult time.
At the law firm of Jaspers, Moriarty & Wetherille, P.A., our estate planning attorneys work with individuals and families throughout Shakopee, the surrounding Scott County communities, and the greater Twin Cities area. Whether you are creating your first will or revisiting one you drafted years ago, our law firm is here to guide you through the process with straightforward, practical advice.
A last will and testament is a legal document that sets out your instructions for how your property should be distributed when you die. It also allows you to name a personal representative (sometimes called an executor) to manage your estate, and to designate a guardian for any minor children.
A last will and testament contains your instructions on what should happen when you die. In your will, you may name who manages your estate (your personal representative), and the beneficiaries who will inherit your estate including your real property and personal property.
The person making the will is called the testator (the individual creating and signing the document). The people named to receive assets are called beneficiaries. The person appointed to carry out the will’s instructions is the personal representative, a role that is also commonly referred to as an executor.
The law does not require that you have a will. However, a will is a useful tool that provides you with the ability to control how your estate will be divided. Without one, the state steps in and makes those decisions for you, which may not reflect what you actually wanted.
A will is part of a broader estate planning picture. It works alongside other documents such as trusts, health care directives, and powers of attorney. Together, these tools can give you meaningful control over your assets, your medical care, and your family’s future. Our lawyers can help you understand how a will fits into your overall plan and whether additional documents might serve your goals.
Most people assume wills are only for older adults or those with significant wealth. That assumption tends to leave a lot of families unprepared. The reality is that a will can be valuable at nearly any stage of adult life.
Consider a few situations where having a will makes a real difference:
One of the most overlooked reasons for having a will is simply to reduce family conflict. When there is no written record of what you wanted, family members sometimes fill in the gaps with assumptions, and those assumptions do not always agree. A clearly drafted will gives everyone a shared reference point.
By making a will, you can name a guardian and an alternate guardian for your minor children. That alone is reason enough for many Shakopee parents to get started.
Creating a will is not a one-time task. Life changes, and your will should reflect those changes.
Life changes such as marriage, divorce, the birth of children, and changes in financial status should prompt a review and potential update of your will.
Some specific situations that may call for a review include:
A general rule of thumb is to review your will every three to five years, even if nothing major has changed. Our lawyers can help you assess whether your existing document still reflects your wishes or whether updates are in order.
This is one of the most common questions we hear. The short answer is that having a trust does not necessarily eliminate the need for a will.
Trusts typically only cover assets that have been formally transferred into them. Any property you own at death that was never moved into the trust may still need to be addressed. Many estate planning attorneys recommend pairing a trust with what is called a pour-over will, which captures any remaining assets and directs them into the trust upon death.
A will also serves purposes that a trust cannot. It is one document through which you can name a guardian for minor children. It can also address personal property and specific bequests that may not fit neatly into a trust structure.
Our attorneys can help you evaluate whether a will, a trust, or a combination of both makes sense for your situation.
Dying without a valid will is called dying intestate, meaning the state’s default inheritance rules apply to your estate rather than your personal wishes.
If you die without a will in Minnesota, your assets will go to your closest relatives under state intestate succession laws. The order of inheritance follows a set formula based on your family structure at the time of death.
If you die without a will and do not have any family, your property will escheat into the state’s coffers. In practice this is rare, but it illustrates how far the state’s default rules may stray from what you wanted.
Intestate succession also has practical complications. When a person dies without a will, the court appoints the personal representative for the estate. Specific people are eligible to serve in a priority order under state law. That process can take time, create conflict among family members, and result in outcomes no one anticipated.
If you want to leave some of your estate to people who are not your biological relatives, intestate succession will not accomplish that. If you have a partner to whom you are not married, a favorite charity you want to support, or a dear friend to whom you want to leave personal property, dying without a will leaves them with nothing.
A will does not need to be filed with a court while you are still alive. However, once you pass away and probate is necessary, the will must be submitted to the court as part of that process.
Storing your will in a safe, accessible location is important. A will that cannot be found after your death may be treated as if it does not exist. Options include a fireproof safe at home, a safety deposit box, storage with your attorney, or voluntary deposit with the probate court. Whichever option you choose, make sure your personal representative knows where to find it.
One thing worth noting: having a will does not avoid probate. The need for probate depends on the amount of property you own, the type of property you own, and whether you own it alone or with others. If avoiding probate is a goal, that conversation may lead you toward trusts and other planning tools in addition to a will.
A will is one of the most direct ways to protect the people you love and to make sure your wishes are honored. Whether you are starting from scratch, updating an older document, or working through a more complex estate plan, having an attorney in your corner can make a meaningful difference.
Estate planning does not have to be complicated, but it does need to be done correctly. At Jaspers, Moriarty & Wetherille, P.A., our lawyers take the time to understand your situation before recommending a course of action. Contact our law office to schedule a consultation with one of our estate planning lawyers.
Contact Jaspers, Moriarty & Wetherille, P.A., today to schedule a consultation
