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Estate planning tools like a will, trust, financial power of attorney, and healthcare directive provide clear instructions about your wishes and designate decision-makers for critical situations. Without these documents, Minnesota law steps in, but the outcomes may not align with your preferences, and the process can be time-consuming and costly. Here’s an overview of what happens if you lack these essential tools in Minnesota.
If you pass away without a will or trust, you are considered to have died “intestate.” Minnesota’s intestate succession laws determine how your property is distributed. Generally:
If no relatives can be found, your property “escheats” to the state of Minnesota.
Costs: Intestate estates go through probate, a court-supervised process to distribute your assets and settle debts. Probate fees can range from $3,000 to $10,000 or more, depending on the estate’s complexity. Additionally, delays in court can mean your loved ones wait months or years for resolution, which delays distribution of the estate.
A financial power of attorney allows someone to manage your financial matters if you become incapacitated. Without one:
A healthcare directive outlines your medical treatment preferences and appoints a healthcare agent. Without one:
The absence of a will, trust, or directives leads to uncertainty, stress, and potentially significant expenses for your loved ones. Estate planning tools let you:
Failing to plan means Minnesota’s laws and courts decide your financial, healthcare, and estate matters. By creating a will, trust, power of attorney, and healthcare directive, you ensure your wishes are followed and reduce burdens on your loved ones. Speak with an estate planning attorney to get started and secure peace of mind for you and your family.
To learn more about estate planning, keep an eye on our Events page located at: https://www.wagnerlegalmn.com/events/.
If you’re ready to start being proactive about your estate plan, contact us to get started.
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