FAQs

A basic estate plan generally consists of a last will and testament, a durable power of attorney, a healthcare directive or living will, and a revocable living trust (optional, but helpful for avoiding probate).

Your assets will be divided under your state’s intestacy laws, which could result in unintended heirs and a longer, costlier probate process.

You should review your estate plan after major life events, such as marriage, divorce, or the birth of a child, when your financial situation changes significantly, and every 3–5 years, even if no major changes have occurred.

Be sure to confirm that the title is clear, review all disclosures carefully, and have a real estate attorney review contracts to safeguard your interests.

Although not always required, a lawyer can ensure your documents are accurate, protect you from unexpected liabilities, and address last-minute issues that might delay the transaction.

In joint tenancy, ownership automatically passes to the surviving owners when one owner dies. In tenancy in common, each owner’s share can be left to heirs or beneficiaries.

Custody decisions are made based on the child’s best interests. In Minnesota, the 12 best-interest factors and other custody considerations the court must review can be found in Sec. 518.17 MN Statutes.

Legal separation allows couples to live apart and divide assets without formally ending the marriage. Divorce, on the other hand, legally dissolves the marriage and finalizes custody, support, and property division. In Minnesota, legal separations are generally discouraged except in situations where religious or other considerations prevent divorce, since the process is essentially the same as divorce, except that the couple remains legally married at the end.

In Minnesota, the division of assets and debts follows the principle of equity, which means fair but not necessarily equal. Consideration is often given to the differing values of taxable assets compared to those without tax consequences for use or transfer.

You or the other party must have been a Minnesota resident for at least 180 days and file in the county where either of you currently resides.