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07.7.2008

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Estate Planning

What is Estate Planning?

Our clients frequently comment that the estate planning process, which they delayed or avoided thinking about, was a quick, relatively inexpensive, pleasant and positive process.

Without estate planning, the State of Minnesota effectively writes a will for you, and anyone can ask the Court to administer your estate. Unless your estate is less than $20,000, there will be a probate, even without a will, but you lose control over aspects of the administration of your estate.

Basic Estate Planning Generally Includes:

  • A Will or Trust
  • A Power of Attorney so that if your loved one becomes incapacitated you can legally work with their finances and deal with government programs
  • Medical authorization (HIPAA) so that you can legally review a loved one’s medical records if necessary

Estate planning may avoid the need for a Guardianship or Conservatorship, which are more formal ways of establishing your authority over the personal circumstances (e.g., residence) and finances of an incapacitated person. However, we also assist people who need to help others through Guardianships and Conservatorships.

Probate is court supervision over the gathering and distribution of assets according to the terms of a will (or the laws of Minnesota if there is no will). We can draft a revocable living trust so that you can avoid the time and expense of probate. Ask us how this works.

What is Involved?

We send you a Will or Trust Information Form. After filling it out, we discuss it with you to fully understand your desires. In most cases, you receive your documents about two weeks later. You can have them witnessed and notarized at our office or your local bank.

Why Choose Us?

  • We have drafted hundreds of wills and trusts and enjoy probate practice.
  • Many estate lawyers avoid litigation. We stated our practice as litigators.
  • One of our partners is a Certified Financial Planner.