What is a Last Will and Testament


A Minnesota Last Will and Testament, when prepared and executed properly by a person who is an adult of sound mind with legal responsibility for his- or herself, is a formal document that specifies how their assets or estate will be managed and distributed after their death. The person who dies is formally referred to as the decedent. If the decedent has minor children, the Last Will and Testament may also be used to designate who they want to care for their children and who they wish to handle their childrenís inheritance/finances until each child comes of age (usually 18, but you can designate a different age) to handle their finances on their own.

In a Last Will and Testament, the decedent usually also names a personal representativeóor co-personal representatives (two or more persons acting together in this capacity)óto manage the matters of the estate. The personal representative is the person who gathers all of the information about the decedentís debts and assets, pays outstanding debts using the assets on behalf of the estate, and ensures that the decedentís property is distributed as specified in the Will, so this is a job with a lot of responsibility, and the personal representative selected is usually someone the decedent really trusts to follow through on the details and with his or her wishes.

If a person dies without having a valid Last Will and Testament (which usuallyóin most statesómeans it must be properly witnessed, as wellónot just signed), someone will usually be appointed by the court to be the personal representative and will pay the decedentís debts, liquidizing assets as necessary to do so. Then the remaining assets will be distributed among the decedentís heirs according to the laws of the state the decedent lived in.

In some states, if one spouse dies leaving behind a husband or wife, that living spouse will inherit all of the decedentís property in the absence of a Last Will and Testament stating to the contrary. In other cases, the decedent may have specified a particular beneficiary to inherit a life insurance policy, retirement account, or other asset, and that beneficiary designation will dictate who receives those assets in the absence of a Minnesota Last Will and Testament.

The important thing to note is that anyone who wishes to designate how their assets will be distributed after their death should prepare and properly execute a Last Will and Testament to ensure their wishes are known and honored. If they donít, they may be leaving it up to chance, the laws of the state in which they reside at the time of their death, or a court of law as to how their final affairs will be settled.  Minnesota free information on last will and testament forms.

Last Will Papers Minnesota

In this article, we will inform you about the last will paper. You will know how to fill it out without any mistakes and which special regulations there are in Minnesota. In addition, we will answer your questions about changing and revoking the last will in Minnesota.

The last will is a special document that is written by a person who wants to give some of their money and property to relatives or loved ones after their death. Concerning people to whom a testator can bequeath their property, there are no particular restrictions in Minnesota.

Unlike the last will, a health care directive or a living will give an opportunity to provide your loved ones with part of your property in case you will be incapable and will not be ready to make a distribution yourself.

In Minnesota, it is not obligatory to write the last will, and it is very popular. The reason for making the last will in the form of an official document is that oneís property will be distributed according to the personís wishes. If a person who passed away had not prepared the last will, all the property would be distributed according to the laws of intestacy.

You might want to bequeath something from your capital and property to your loved ones. You can do it directly or make a trust for someone or a charitable gift.

You should also know that all the theses of the last will can be applied after being proven in court. After that, people who were given some of a testatorís property have to pay the taxes and can get their parts of the inheritance.

As to the Essential Requirements for a Testator in Minnesota, there not many special requirements for a testator in Minnesota, but there are some basic ones:

  1. A testator must be at least 18 years old

  2. A testator must be capable of making a decision themselves

  3. A testator must put their signature on the last will

  4. At least two other persons sign the document and are witnesses of a testator signing it

  5. A testator should complete their last will in a written form

  6. A testator can bequeath their property to anyone they want

Important Minnesota Exceptions

In Minnesota, there are some exceptions on a property that can be distributed between the relatives of a testator.

Before writing your last will make yourself familiar with the following exceptions:

  • money that a testator gets on their retirement account and life insurance resources

  • property that a testator owns with the right of survivorship

  • the share that a surviving spouse owns.

Is it Possible to Change the Last Will in Minnesota?

A person who already has the last will can change it any time they want. However, it is crucial that all changes are written in the official form. All the changes should be done by codicil. According to Minnesota local laws, in the case when a testator divorces his spouse, some of the provisions will be automatically canceled. So no additional changes are needed.

How to Revoke the Last Will in Minnesota?

To revoke the last will in Minnesota, a new one might be completed and become valid instead of the first one. Another option is destroying the document.



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