Wills FAQs

There’s a lot to know about Wills. You need to understand the difference between a Will and Living Will, how Wills should be executed, and how they can be modified, terminated, or challenged. You also need to understand the probate process and how that can affect the outcome of your estate planning goals. 

Here, we provide general responses to some of the most common questions we receive from clients. To get more specific information and to either create or update a Will, contact our estate planning lawyer in Minnesota. You can do so by filling out our online form or calling the Law Office of Neil Thompson at 612-246-4788 to schedule a Free Consultation with our estate planning attorney in Twin Cities.

Contact an Estate Planning Lawyer in Minnesota Today

Do not procrastinate another day before starting an estate plan because your loved ones are too important. Wills are often an integral part of any estate plan, and keep in mind: it really does not matter how much your estate is worth. What matters is protecting your interests and securing your heirs’ futures.

Contact the Law Office of Neil Thompson today online or at 612-246-4788 to schedule a Free Consultation. Our estate planning attorney in Minnesota will guide you through the process.

Who Should Have a Will?

Many people assume that only the wealthy need to have a Will. However, the truth is that many people, with and without great wealth, need to have a Will in case the unexpected occurs.

People who should have a Will include but are not limited to:

  • Those who are married
  • Those who have children
  • Those who own assets
  • Those who have a special needs family member

Only people who do not have assets, a spouse, and/or children may not need a Will.

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When Should I Make a Will in Minnesota?

A Will needs to be created and often updated when certain events occur:

  • When you turn 18
  • When you marry, divorce, or remarry
  • When you have children
  • When you start a business
  • When you buy a home

Whenever you have a major life change, it is time to make or update your existing Will.

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What Goes into a Will in Minnesota?

A Will states who should inherit your assets when you die. If you have children, you can designate who you want to have custody of your children if you pass away. A Will also allows you to appoint an executor (known as a personal representative in some jurisdictions) for your estate. This person will be in charge of administering your estate according to the terms of your Will when you die.

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What Should I Avoid in a Will?

There are certain things that are best dealt with through other means rather than a Will. Things that are not appropriate and should be avoided in a Will include:

  • Retirement plan proceeds
  • Life Insurance
  • Living trust property

An estate planning attorney can advise you on the best way to handle these matters. Many of them can complement your Will and work well in an estate plan.

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Can My Parents Leave Me Out of their Will?

Whether or not your parents are able to leave you out of their Will depends on which state you live in. Most states allow this to occur, while in others a parent must leave at least a token amount, such as $1, for the Will to be considered valid.

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Can Someone Challenge My Will in Minnesota after I Die?

There is always a possibility someone will challenge your Will after you pass away. Whether or not that challenge is successful is a different question. Some of the most common reasons Wills are challenged include:

  • That the testator was under undue influence or lacked the capacity to make a Will
  • That the Will is a fraud/forged
  • That the Will lacks the formalities required to be valid, such as being signed and correctly witnessed

Having a lawyer help with the process of creating your Will can help prevent successful challenges.

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Can I Make a Will without a Lawyer in Minnesota?

It is possible to create a Will without the assistance of a lawyer. However, states can be very specific regarding what is required for a Will to be considered valid. If you create the Will on your own, and it does not meet the legal requirements for validity, it may not be enforceable.

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How Much Does it Cost to Make a Will?

The cost of creating a will varies. It depends on your estate and whether you want additional estate planning tools, like trusts and advance directives. Many wills and trusts lawyers in Minnesota charge a fixed rate for estate planning and other attorneys charge an hourly rate. You will want to know what is and is not included in either rates.

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Location Map

Our Location

Proudly Serving Bloomington, St. Paul, Minneapolis and the Surrounding Areas.

Bloomington Office
7900 International Dr #300

Bloomington, MN 55425

Map / Directions
Phone: 612.246.4788

Client Reviews

Neil helped us with our will. We are young and this was our first. He walked us through every step and answered any questions we had. He is honest and great to work with. Definitely recommend.

- Thanri M.

If you have been hesitant to begin the process of beginning your Estate Planning or developing a Will because it seems like a daunting task — look to the Law Office of Neil Thompson for assistance! Neil is open and gracious and spent...

- Roberta T.

Thank you, Neil, for the thoroughness and thoughtfulness you exhibited while helping us with our wills. Your expertise is incredible. We have told our friends about you and your service level. I am sure you will hear from them. Thank...

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