No. In Minnesota, your child’s guardian does not have to be a family member. You may choose a trusted friend or another suitable adult, although the appointment is subject to court confirmation and must serve your child’s best interests. If you could no longer care for your child, who would be best prepared to step…
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Dementia and Estate Planning: Can a Will Be Changed During a Lucid Interval?
A person with dementia may be able to change a will during a lucid interval if they have testamentary capacity when they sign it. A diagnosis of dementia or Alzheimer’s disease does not automatically make a new will invalid. But how can a family know whether a moment of clarity is legally sufficient? The answer…
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Does a New Will Automatically Revoke a Previous Will?
A new will often revokes an earlier one, but the date alone does not determine which document controls. Under Minnesota law, the answer depends on how the newer will is written, what it covers, and whether it clearly shows an intent to replace the prior version. What happens if your family finds two signed wills…
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How Are Debts Handled During Probate in Minnesota?
During probate in Minnesota, valid debts are generally paid from the deceased person’s estate before beneficiaries receive their inheritances. Family members usually do not have to pay those debts with their own money unless they share legal responsibility for an obligation. What happens, though, when bills keep arriving after someone has died? The personal representative…
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What Is a Letter of Instruction, and Is It Legally Binding?
A letter of instruction is a practical guide that supplements your estate plan, but it is generally not legally binding in Minnesota. It can help your loved ones and personal representative find information and understand your preferences, but it does not replace a valid will, trust, or other enforceable document. If your family had to…
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Who Makes Financial Decisions for an Adult Under Guardianship in Minnesota?
A guardian does not automatically control an adult’s finances in Minnesota. Financial decisions are generally made by the adult, an authorized agent, or a court-appointed conservator, depending on the person’s abilities and the terms of any court order. If your family member needs help with personal care and money management, who has the authority to…
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What Happens if Your First Choice Guardian Can No Longer Serve?
Choosing a guardian for your child is one of the most meaningful decisions you will make in your estate plan. But what happens if that person is no longer able or willing to take on the role? Fortunately, naming a guardian is not a one-time decision. You can update your estate plan as your life…
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How to Talk to Your Aging Parents About Their Estate Plan
Talking with your aging parents about their estate plan may feel uncomfortable, but having the conversation early can help avoid confusion, family conflict, and difficult decisions later. The best approach is to choose the right time, listen more than you speak, and focus on understanding their wishes rather than telling them what they should do….
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What Happens When an Estate Has No Money to Pay Debts?
If an estate does not have enough money to pay its debts, the debts are generally paid from the estate’s available assets, not by the deceased person’s family. When there are more debts than assets, creditors may receive only partial payment or no payment at all. Are you worried that you could inherit a loved…
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Can a Beneficiary Also Serve as Trustee?
Can the same person inherit from a trust and also be responsible for managing it? Many people assume those roles must be kept separate, but that is not how most trusts work. Naming a beneficiary as trustee can simplify trust administration, provided the right person is chosen and they understand the responsibilities that come with…
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