Who will make sure your wishes are followed when you’re no longer here to speak for yourself?
A will gives you that voice. It’s a powerful way to guide what happens to your property, protect your loved ones, and ease the legal process for those you leave behind. Without one, Minnesota law steps in, and your assets may not end up where you intended. At Unique Estate Law, we help Minnesotans create valid, thoughtful wills that reflect their values, goals, and relationships.
Why Having a Will Matters
A will does more than distribute your belongings. It gives you control over decisions that affect your family long after you’re gone. When you create a will, you get to:
- Choose who receives your property and how it’s divided
- Appoint a personal representative to carry out your instructions
- Name a guardian for your minor children
- Express your wishes clearly and avoid leaving loved ones guessing
Without a will, Minnesota’s intestacy laws take over. That means the law decides who inherits what, with no regard for your preferences or the needs of your family. That process can be time-consuming and stressful. By writing a will, you give your loved ones clarity and peace of mind when they need it most.
What Makes a Will Valid in Minnesota
For your will to hold up in court, it must meet the legal standards under Minnesota law. These include:
- Being in writing: Minnesota requires that a will be typed or printed. Handwritten wills, also known as holographic wills, aren’t generally recognized here. However, a handwritten will that was legally executed in another state may be accepted under that state’s laws. Electronic wills are also permitted under Minnesota law, as long as they meet specific signing and witnessing requirements.
- Signed by you: The person making the will, known as the testator, must sign it.
- Witnessed by two people: Your witnesses must be present when you sign or acknowledge your will, and they must also sign it themselves.
You don’t have to notarize your will, but doing so can help. A notarized “self-proving” will speeds up the probate process because the court won’t need to contact your witnesses.
Finally, you must be at least 18 years old and of sound mind when signing. That means you understand the nature of your assets, your relationships, and the effect of the will. We work closely with you to ensure your will meets all requirements and reflects your true intent.
Common Mistakes to Avoid
Many people put off writing a will or attempt to handle it without legal assistance. That can lead to problems down the road. Some of the most common mistakes include:
- Using one-size-fits-all online forms that don’t follow Minnesota law
- Forgetting to name a backup personal representative
- Overlooking digital assets, jointly owned property, or out-of-state accounts
- Leaving vague or contradictory instructions
- Failing to keep the will in a safe but accessible place
Even small errors can lead to legal challenges or delays. We help you avoid these pitfalls by asking the right questions, explaining your options, and drafting a clear, enforceable document.
Updating Your Will Over Time
Writing a will isn’t a one-time task. As life changes, your estate plan should change with it. Some events that may require an update include:
- Getting married or divorced
- Having a child or adopting
- A significant increase or decrease in your assets
- Moving into or out of Minnesota
- Changes in your relationships with the people named in your will
You may also want to update your will if a beneficiary or personal representative passes away. We recommend reviewing your will every few years or whenever your circumstances change. Keeping your will current ensures your plan still works for your life today.
How We Can Help
At Unique Estate Law, we believe estate planning is personal. Your story, your relationships, and your goals all matter. That’s why we take the time to understand what’s important to you. Then we put together a plan that reflects your wishes and meets Minnesota’s legal requirements.
Whether you’re writing your first will or updating one you made years ago, we’ll guide you through each step. We’re here to answer your questions, help you think through decisions, and make sure nothing is overlooked.
Contact an Experienced Minneapolis Wills Attorney
If you’re ready to create or update your will, reach out to Unique Estate Law to schedule a confidential consultation. Let’s build a plan that gives you peace of mind and gives your loved ones the guidance they need.