Minnesota Wills

A Will is a signed written document that, among other things, serves three main functions:  (1) directs the disposition of your property at your death after payment of expenses, taxes, and debts; (2) names a Personal Representative to supervise your estate and carry out your distribution instructions; (3) nominates a Guardian if you have minor children.  Wills only become effective after your death and after the Will has been admitted to probate (by the Court).  Wills only direct the disposition of probate property (i.e. property titled in your name alone).

You're constantly told by attorneys, financial advisers, etc. that you need to have a Will (or some form of estate planning).  So, what happens if you die without having created a Will?  Here's a list of some important things you cannot do if you do not have a Will when you pass away.

• Minnesota has created a Will for you through the intestacy (no Will) statutes.  These statutes direct where your property will go when you pass away without a Will.  
• You get no say in who will act as your Personal Representative.
• You get no say in who will be the Guardian of your minor children.
• Your minor children will receive their inheritance upon turning 18-years old.  Without a Will, you cannot control ages of distribution.
• You cannot leave property to friends or other non-relatives.
• You cannot leave property to charity.
• You cannot disinherit someone or limit someone's inheritance.
• You cannot direct that particular heirlooms go to particular people.
• You cannot take action to address many of the issues that arise in blended family situations.

These are just some of the more important things that you cannot do if you die without having created a Will - and why it is generally recommended that you create a Will.