A: In the state of Minnesota, an executor is the personal representative of a person’s estate after that person has passed away. Executors are commonly named with the last will and testament itself, but may be appointed by the courts if the originally appointed person has died or is considered unfit for the role. Executors are responsible for filing your will upon death, along with an inventory of your assets and other important estate planning documents.
Blaine Wills Lawyer
Blaine Wills Attorney
Whether you want to begin an estate plan for yourself, update an established will, or need legal assistance with handling a loved one’s will, don’t hesitate to speak to a seasoned Blaine wills lawyer. Consider working with the professional team at Trek & Trust Law, who can help lead you through estate law matters according to your needs and priorities.
Looking at Wills and Estate Plans in Blaine, MN
A will, also known as a person’s last will and testament, is an important estate planning document that allows you to set legally enforceable instructions about how your property is to be handled after death. Within a will, you can name beneficiaries to receive your assets and outline other stipulations about the distribution of your estate.
Wills are one of many estate planning documents, and depending on your personal needs, your estate plan can be as simple or complex as needed.
One study found that only 24 percent of Americans have a will. This is even less than in 2022, where only about 33 percent of people nationwide reported having a will. Dealing with a loved one’s death is never easy, but dealing with the legal matters that are soon to follow can be made less overwhelming when they leave behind an estate plan.
Within a will, you can also appoint who you wish to oversee the administration of your will, known as an executor. Wills can also let you name who you wish to take care of your minor children if something should happen to you and your spouse. Americans with children under 18 years old make up the largest demographic of people without wills or other important estate planning documents.
When working with a will and estate plan lawyer in Blaine, MN, all estate planning documents are likely to be processed at the Anoka County Courthouse. This legal venue is located at 2100 3rd Ave, Anoka, MN 55303.
What Is Needed to Create a Will in MN?
In order to establish a valid will in Minnesota, the creator must be 18 years or older and “of sound mind.” Furthermore, the document must be created with the intention of operating as a will. The will should also be made in writing and signed by the creator and another individual who is either acting at your instruction, or by court order, is considered your conservator. The will must also be witnessed and signed by at least two other people.
Appointing an Executor to Your Will
When you’re creating your will, you will be asked to name an executor of your estate. An executor is a personal representative who acts on behalf of your estate according to your wishes after you’ve passed away. Executors oversee the administration of your estate, including initiating probate and settling any debts held by your estate.
They also manage the distribution of assets, ensuring properties are passed onto beneficiaries according to the will’s instructions. It’s important to choose someone trustworthy and responsible when naming an executor. If you’re unsure about who you should appoint, be sure to consult with your lawyer to discuss who might make an effective executor. Schedule a consultation with Trek & Trust Law for expert legal guidance.
How Does a Blaine Wills Lawyer Help Me?
When you work with an estate law professional to develop your last will and testament, you are ensuring that you and your loved ones are protected from confusion and internal disputes. Estate planning lawyers are there to make certain your will and other critical documents are easily understood, legally sound, and enforceable.
FAQs
Q: Do You Need a Lawyer for a Will in MN?
A: Minnesota doesn’t require anyone to work with a lawyer to establish their will. However, it’s a good idea to work with an estate law professional when creating a will or any other estate planning document.
A lawyer can make sure your will is valid, meaning it would be accepted by the courts and treated as legally enforceable. Otherwise, if your will was not properly created, it can be dismissed, and your estate won’t be administered according to your wishes.
Q: What Happens if I Don’t Have a Will When I Die in MN?
A: If you don’t have a valid will when you pass away in Minnesota, your estate will be subject to the state’s intestacy laws, meaning your assets will be divided and distributed according to state laws and not according to your personal preferences or wishes.
Leaving such matters up to the courts to decide can potentially result in legal disputes or conflict among your loved ones. Having a will to follow after your death can make estate administration less daunting.
Q: How Long Do You Have to Contest a Will in MN?
A: In Minnesota, you generally have one year from when a will has been filed with the probate court to contest a will. Contesting a will means that a person named in a will or someone else who has reason to be interested in the administration of an estate calls into question the will’s validity. This can mean someone doesn’t believe the will was created properly, such as the creator not being of sound mind or being under undue influence.
Work With a Legal Team Dedicated to You
At Trek & Trust Law, our team of seasoned lawyers and supportive staff is sure to guide you every step of the way and address all of your estate law concerns. Reach out to us today to schedule an initial consultation with a qualified wills and estate planning lawyer.
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