Earlier this month I discussed what is required to revoke a Will. Occasionally, however, testators wish to revive a revoked Will. Similar to revoking a Will, there are certain requirements to ensure that it is the intent of the testator to revive a previously revoked Will. If a testator wholly revokes a subsequent Will (Will […]
In Jayne Sykora’s article, Holographic Wills, she outlines the requirements for a valid Will. But what if you want to revoke your current Will? A testator can revoke a Will either in writing or by an act that expresses the intent to revoke the Will. Writing A written revocation of a Will usually occurs when […]
This statement (turned inquiry) may or may not be true. It depends on a variety of factors and client goals. Deciding whether to use a will or a revocable trust (a.k.a. living trust or revocable living trust) as one’s primary estate planning document is a question to be discussed with an estate planning attorney. The […]
Many people realize when creating a will the possibility that a beneficiary could contest their wishes if an uneven or unexpected distribution takes place. When creating a will, some may wish to favor one beneficiary over another, while others may wish to benefit a non-profit or charity instead of a familial beneficiary. The most likely […]
Statutory Presumptions Minnesota statutes provide a set of default interpretations for some of the language used in Minnesota wills.1 Unless a will includes language to the contrary, these statutes provide interpretations for things such as what property can be passed via will, what happens when a beneficiary dies before the testator, how and when gifts might […]
A couple in love has a baby but they haven’t tied the knot. Many times they also haven’t created an estate plan. Unfortunately, the unwed parents in love need an estate plan more than married parents. Why, you ask? Well, if an unwed parent dies without a plan, the surviving parent doesn’t inherit any of […]
Make this your new year’s resolution. Or don’t. Either way, these six things should give you peace of mind that your family and friends will not struggle through the probate process. 1. Make a list of your stuff Create a simple list of your assets with corresponding values – use a ballpark value if you don’t […]
Historically, determining a decedent’s heirs was easy – determine all of the decedent’s living family members on the date of decedent’s death and if decedent’s wife was pregnant on the date of his death, wait to see if the child is born alive. Now, however, science has provided us with the ability to freeze genetic […]
Recently, at a Wills For Heroes clinic, a first responder asked what the requirements were for a Will to be valid in Minnesota and wondered if a Will could be handwritten. I thought these were interesting questions and wanted to share my answers with all of you dedicated Epilawg readers. Will Requirements First, Minnesota, like […]
If you are one of the millions of parents who own a life insurance policy, you may have your child named individually as a primary or contingent beneficiary if you were to pass away while the policy was still in effect. However, naming a child individually, especially under the age of eighteen, can have unintended […]
PART IV: HOW? DETERMINING THE TOOLS. “When an artist of talent makes a painting or a sculpture, he is always aware of the potentials and limitations of his materials; the better the artist, the more likely he is to know just what he can and cannot do with them.” ~Bruce Cole, Art Scholar and Senior […]