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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What If Your Parent Only Had a Handwritten Will?
If your parent left behind only a handwritten will, the document may still be valid in Minnesota, but only if it meets the same legal requirements as any other will. Courts do not automatically reject handwritten wills, but they do look closely at whether the document was properly executed. So, what happens when you find…
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How Do I Find a Will After Someone Dies?
When someone passes away, one of the first questions families ask is: Where is the will, and how do we find it? In many cases, the will is kept at home, with an attorney, or filed with a local court. If you are not sure where to start, there are a few practical places to…
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Living Trust vs Will: Which Do You Need?
If you’re deciding between a living trust and a will, the short answer is this: many people benefit from having both, but the right choice depends on your goals, assets, and how you want your estate handled. So how do you know which one actually fits your situation? What Is the Difference Between a Living…
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Ethical Considerations When Contesting a Will
It’s not easy to question someone’s final wishes. But sometimes, concerns arise that can’t be ignored. Maybe a will was changed under pressure. Maybe a loved one’s mental decline was overlooked. If you’re facing this kind of situation, you may wonder whether contesting the will is the right thing to do. If something doesn’t seem…
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How to Choose a Personal Representative
Who would you trust to handle your affairs after you pass away? Naming a personal representative is one of the most important decisions in your estate plan. This person will manage finances, pay debts, and ensure your assets are distributed according to your wishes. The right choice can make the process smoother for your loved…
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How to Make a Valid Will in Minnesota
Imagine leaving behind a clear plan that makes things easier for your loved ones, even during a challenging time. A will isn’t just about listing who gets what—it’s about making sure your wishes are respected and that your family avoids unnecessary complications. Without a legally valid will, those decisions may be left to the court…
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What Happens If Your Heir Doesn’t Want What You Are Giving?
There was a time, in the not-too-distant past, when inheriting something was a benefit and nothing but good news. But, with the crash of ’07 and the subsequent plummeting of real estate values, that’s no longer true. Probate lawyers such as myself are increasingly answering the question: What if I don’t want it? For instance,…
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The Perils of Drafting an Estate Plan Using AI/ChatGPT
As artificial intelligence continues to integrate into our daily lives, tools like ChatGPT are emerging as helpers in various tasks, including drafting legal documents. But is using AI for something as crucial as your estate plan a good idea? This approach raises several concerns, from privacy issues to the accuracy of the legal content, which…
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