While most individuals are aware of what a will is, many Americans do not have one. No matter your age or wealth, having a comprehensive and legal will can be a wise move, as it can help protect your legacy and loved ones if something unexpected occurs. The creation of a will can be overwhelming, and individuals may face many uncertainties in establishing this document. This is why the aid of an Elk River wills lawyer can be essential.
At Trek & Trust Law, we understand the legal intricacies that go into the creation of a last will and testament in Minnesota. Our firm can guide you and your loved ones throughout the process. We can make sure your will is established in a legal manner, serving your needs and those of your family, even after you’re gone. No one wants to think about the end of their life, but having a will in place is one of the wisest decisions you can make.
What Is a Will in Elk River?
In general terms, a will is a legal document that gives you control over your property after your death. It allows you to name individuals to which this property will be handed down. A will also enables you to name a personal representative, or executor, who can manage the affairs of your estate once you have passed. A will can allow you to protect your personal belongings, property, and money for generations to come, even after you are gone.
The law may not necessarily require you to have a will, but these documents can prove useful, as they let you have a say in how your legacy will be passed down to family and other loved ones. If you pass without a will in place, the inheritance laws of Minnesota will apply to your estate and decide how it will be divided amongst beneficiaries. In most cases, your assets will go to your closest relatives or your spouse if you are married.
To establish a legal will, you will need to follow a few rules, including:
- You, as the creator of the will, must be at least 18 years of age and of sound mind.
- The will must be made in writing.
- A will must be signed by you as the creator, another person who is acting at your direction and in your presence, or by an individual who is considered your conservator by court order.
- The will must then be witnessed by no less than two other individuals, both of whom will also sign the will.
- You must create the document with the intention that it is to operate as a will.
While some individuals may decide to create a will with an internet-based tool, having an attorney on your side to guide you through every step of the process can prove to be invaluable. They can review your situation to find the right solutions for your needs and the interests of your estate. Working with a capable attorney can make sure your personal goals are accomplished and established in a legal manner.
At Trek & Trust Law, our team has extensive knowledge and experience in drafting legal wills and other estate planning documents. In doing this, they can make sure no steps are missed and that, upon your passing, your will is strong and legally protected, as are your assets and loved ones.
Naming an Executor to Your Will
During the creation and establishment of a legal will, you will be asked to name a personal representative or executor of your estate. This individual will oversee the payment of all debts held by your estate after your death. They will also manage the distribution of your assets according to your wishes which are laid out in the will. This individual will also be required to observe a high level of care while dealing with the affairs of your Minnesota estate.
It is imperative that you choose someone you can trust and who can be trusted by members of your family, as they will be handling all the assets in your estate. Their duties can include:
- Filing your will upon your death, along with an inventory of all assets and other necessary documents
- Paying off any legitimate creditors
- Paying any taxes owed by your estate
- Notifying Social Security and other agencies of your death
- Canceling credit cards and other ongoing consumer bills you might have had
- Distributing assets in accordance with your will
FAQs
A lawyer might charge a variety of fees for their will creation services in Minnesota. Each lawyer is different and will structure their fees in a unique manner. However, a few common factors can impact the costs of these professionals. These include the value of the assets involved, the complexity of your estate, and the attorney’s own level of experience.
After a will is created, it is wise to store it in a safe place. The original document should be placed where it can be easily found after your death. It is vital that your executor, a close friend, or a family member knows where to find this will and is allowed to access it, especially in cases where the will is being kept in a safe deposit box or a safe.
Yes, even after a will is created, you do have the ability to change or modify it until the time of your death. There are several reasons why you might change a will, including:
- Your marital status changed.
- A child or new grandchild is born.
- Your family suffers a death, especially if that person was in your will.
- You relocate to a new state.
- The kind of property you own or its value changes.
- Your executor dies or relocates.
There are certain tools on the internet you can use to create a will. However, doing so may not be wise. Especially in cases where you have numerous and/or extremely high-value assets, having an attorney on your side who can create your will in a legally sound manner can be essential. The last thing you want for your loved ones is for them to find that your will is not legally enforceable.
Talk to a Trusted Law Firm About Your Will Today
Creating a valid will is the first step in the estate planning process, and the attorneys at Trek & Trust Law know how to write a legally enforceable one. You can count on us to offer robust will services. We can work to make sure your legacy and loved ones are protected and provided for. Contact our offices today to learn more.