Is a Do-It-Yourself Last Will and Testament a Good Idea?
April 8, 2013 | William F. HuefnerIf you’re thinking about writing up a do-it-yourself last will and testament instead of consulting qualified estate attorneys you’re not alone. The Internet has certainly made this a popular option. However, writing your own last will and testament can be extremely problematic, especially if your situation is very complicated. An improperly executed will can turn a probate process of a few months into a long, drawn out battle of years. The presence of your badly written will may keep your personal representative from using the simplified probate process. In fact, even the omission of very simple language that you might never think of on your own can call the validity of the will into question. Online will templates may also lead you to make more basic mistakes. For example, let’s say the template has a space for just one witness signature. But Minnesota law requires two signatures, which means the work that you’ve done is not a valid will. This is a simple mistake, but it might not be discovered before you die. Problems can also arise if the provisions that you put into your will don’t make sense to the courts. For example, some people like to try to leave their property to their pets, who can’t inherit. A good attorney would…
Read MoreDying Without a Will (Intestate) in Minnesota
April 8, 2013 | William F. HuefnerDying without a will (Intestate) means losing control of what happens to your assets after death. Here’s what your family can expect if you haven’t taken care of this important detail before your death. In Minnesota the state maintains a sort of will for you in the form of specific formulas that are used to divide up your property in the absence of a will. The assets pass first to your spouse and then to your children. If you don’t have either the state will move on to grandchildren, brothers and sisters, and then other relatives as necessary. The state makes every effort to find heirs. If they can’t, your property reverts to the state. This may not sound so bad, but what if you have property that you want to leave to someone other than your relatives? What if you’d like to give a measure of your estate to charity, or to a dear family friend? This is when a will becomes vital. It’s also very important to have a will in the event that you have minor children. You will want to be the person who makes the ultimate decision about who becomes their guardian. If you haven’t appointed a guardian in your will then the courts will appoint a legal…
Read MoreCan Grandparents Get Court-Ordered Visitation or Custody in Minnesota?
April 4, 2013 | Elizabeth A. SchadingMore and more grandparents are raising the children of their children. And grandparents can often find it very difficult to get time with their grandchildren after a divorce. Courts often lump in grandparent’s time with Mom or Dad’s parenting time. If your son or daughter doesn’t make sure that you get time with your grandkids then you might find yourself in an awkward position. There are many reasons why this happens. Sometimes parents don’t exercise their parenting time rights. It’s also possible that your son or daughter didn’t get much of a parenting time award to begin with, or was denied access due to abuse that you had nothing to do with. The death of a child’s parent may further complicate your ability to see your grandchild. Or you might be estranged from your own son or daughter, which means you have found yourself in a situation where neither parent wants to help you. In Minnesota, there are specific situations where the court might be willing to entertain the notion of grandparent’s custody or parenting time. They are: The child’s parent (your child or the spouse) is deceased. The child’s parents are getting divorced. The child lived with you for over a year. You were involved in certain legal proceedings regarding the children,…
Read More