Estate Planning & Probate

Do something today that your future self and children will thank you for.

                  Taliesen Burrows



Minnesota Estate Planning & Probate

Estate Planning is a major step a person takes to make sure their loved ones are taken care of in the event of their death. Estate Planning can also include such tasks as establishing a power of attorney, drawing up health care directives, appointing guardians of your minor child(ren), establishing trusts, and/or appointing an individual to administer the estate when the time comes. This reduces the burden that your family will face if you become incapacitated or you pass away. During a time of grief, the last thing you want is for your family to start fighting over your wishes regarding your medical treatment, who your minor children will live with or who receives what. 

 

If you have not yet established an estate plan, now is the time. It is never too late to do such things as establish a will, trusts to protect assets, and directives so your family knows what to do when you cannot speak for yourself. 

 

Estate Planning Attorney will help you with these tasks, ensuring that everything is in place. If your estate needs to go through probate, our attorneys can also help your family through the probate process in order to reduce the frustrations and confusion often associated with that process. 

 

The firm has been practicing Estate Planning for over 40 years and have extensive experience drafting wills and probating estates. 


Learn more below, or start the process today by filling out our Estate Planning Questionnaire.

Last Will and Testament

The Last Will and Testament is an especially important document that outlines your wishes when you die. It is essentially a set of instructions for your loved ones, outlining who should receive specific assets. It may also specify who you want to take custody of your minor children if they should need a guardian. 

 

The Will removes a burden from the family, but it is a contestable document. This means that someone can dispute whether you were of sound mind when you signed it. Proper drafting and execution can help prevent a will contest. 

 

A Will also does not keep your estate from going into probate, which is the process of going through the Court system to have your assets distributed pursuant to your Will. However, there are many documents that can assist with avoiding probate, and a Will is still important in those situations. If avoiding probate is an important goal of yours, you may wish to discuss your options to do so with your attorney. 

Trust Will

A Trust Will is remarkably similar to a Last Will and Testament in that it provides instructions as to what happens to your assets upon your death, identifies who should have custody and minor children, and sets who should manage your estate. In addition to doing those things, it creates a trust upon your death. A Trust is a separate entity that is managed by someone named a Trustee. The Trust declares who the beneficiaries of the Trust are, who receives income from the Trust, and what the purpose of the Trust is. The two most common reasons for a Trust Will are: (1) to provide a trust for minor children, to ensure the assets are responsibly managed until the children have become adults and are responsible; and (2) to keep certain assets, such as farmland, in the family for multiple generations. 

 

Similar to a Last Will and Testament, a Trust Will does not keep your estate from going into probate. If avoiding probate is an important goal of yours, you may wish to discuss your options to do so with your attorney. 

Personal Representative for Will

A Personal Representative, also known as an “executor” or “administrator,” is the person who oversees payment of your debts and distribution of your assets according to your Will. 

 

Most people choose their spouse/partner, an adult child, a relative, a friend, or a trust company to fulfill this duty. Your Personal Representative will handle your assets, you should always choose someone you trust. If a Personal Representative is not named in your Will, a Judge will appoint one for you to oversee the distribution of your assets. 

Power of Attorney

A Power of Attorney is a document authorizing someone to act on your behalf. You determine how much power the person will have over your affairs. Your Power of Attorney may be a general or limited Power of Attorney. A general Power of Attorney authorizes your agent to conduct your entire business and affairs. A limited or special Power of Attorney authorizes your agent to conduct specified business, perform specified acts, or make certain decisions on your behalf. 

 

In a Power of Attorney, you are considered to be the “Principal” and the person to whom you assign the power is your “Agent” or “Attorney-in-Fact.” Your Attorney-in-Fact should be someone you trust a great deal

Health Care Directive

A Health Care Directive is a written document that informs others of your health care wishes. It allows you to name a person, or “Agent,” to make decisions for you if you are unable to do so. 

Estate Litigation

Grief over the loss of a loved one can be complicated by disputes over the management or distribution of the deceased's estate. Whether you are the personal representative of the estate, an heir, a creditor, or another interested party, Birkholz Law can assist you with litigation regarding: 

 

  • Validity of wills 
  • Will and trust contests 
  • Breach of fiduciary duties 
  • Fiduciary accountings 
  • Petitions to partition property of the estate 
  • Recovery of estate property 
  • Disputes regarding inheritance of farm property 
  • Creditor claims against an estate 


An experienced estate litigation attorney can make the difficult prospect of bringing a family matter into a legal forum a little easier and expedite a resolution that will make it possible for all parties to move forward. 

Contact Our Office

Estate Planning is one of the most important things you can do for your family. Knowing that you have planned where your assets will go after your death relieves much of your loved ones' stress while they are grieving. You can create a Will, draw up trusts to keep assets out of probate, and have powers of attorney and health care directives drawn up so your family will better understand your wishes and be better able to manage your affairs. You also have an attorney who will help you if you are the executor for the estate of a deceased person that has gone into probate. 

 

No matter what side of the process you are on, at Birkholz Law, you have an attorney who will work hard for you and who will relieve as much stress for you as possible. To start this process, please take a few minutes to fill out our initial Estate Planning Questionnaire or contact our office. 

Schedule a Free Initial Consultation Call (507) 387-2100

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