Wills

Hennepin County Will Lawyer

Comprehensive Will Planning to Protect Your Legacy

No matter what stage of life you are in, writing a will is one of the most effective ways to protect your family members and those who matter most. Many individuals mistakenly believe that their immediate family members will automatically inherit their property, but this is not always the case.

Comprehensive estate planning can ensure that your heirs and beneficiaries are cared for after you pass away and will not have to wait for critical financial resources. Contact Barbosa Law Group PLLC today to schedule a consultation and learn how we can help you plan for tomorrow.

What Happens if I Die Without a Will?

Anyone who dies and does not leave a will is said to have died “intestate.” If you die intestate, you will not be able to express your final wishes as to who you wish to receive your property, manage your estate, and act as a guardian to your minor children.

Minnesota uses a default system to distribute your assets to your immediate family members. For example, if you have a surviving spouse, they will receive everything; the same applies if you have children and no spouse. In cases of a second marriage, the spouse receives the first $225,000 plus half of the remaining balance, and the children receive the rest.

Does Leaving a Will Help My Family Avoid Probate?

Many clients who come to us for assistance are concerned about whether their family will have to go through probate. State law dictates that an estate must go through probate if you leave a home or land only in your name. If your assets, such as bank accounts or vehicles, have not been beneficiaries and are worth more than $75,000, they are also subject to probate.

Some of the most effective ways to help your family avoid probate are to place assets in a revocable living trust, utilize Transfer on Death Deeds (TODD), joint tenancy, and Payable on Death (POD) accounts. These estate planning tools allow assets to bypass the probate process.

Why Should I Hire an Attorney to Help Me Write a Will?

Hiring an attorney to assist you is the best way to safeguard your family’s future and ensure that your will can withstand legal scrutiny.

Your attorney can ensure that you meet all legal criteria, which can help avoid estate litigation. For example, Minnesota has strict signing and witness requirements that must be met for a will to be considered valid.

If you have minor children, your attorney will review your will to help prevent ambiguous language that could lead to family disputes over guardianship issues. Although many parents assume their children would be placed with immediate family if they pass away, that is not always the case, especially when relatives cannot agree on custody. The most effective way to prevent this is by creating a comprehensive will that names your child’s guardian.

Contact Barbosa Law Group PLLC Today So We Can Help You Plan for Tomorrow

Barbosa Law Group PLLC is a law firm that is committed to helping Hennepin families confidently face the future. Regardless of your assets or what stage of life you may be in, writing a will is the most reliable way to ensure your final wishes are carried out. With the state moving toward digital documentation, you want to be sure that your will meets all state standards so your family does not have to try to sort it out after your death. 

To learn more about our legal services, contact our law office today at 612-887-9286 to schedule an appointment.