Every Adult Needs a Will — Here's Why
A will is one of the most important documents you will ever sign, yet most Minnesotans don't have one. Many people assume a will is only for the wealthy or the elderly. In reality, if you are an adult, especially if you have children, own a home, or simply want a say in what happens to what you've built, you need a will.
At Lauren Pevehouse Law, we help individuals and families throughout St. Paul, Chisago County, and the greater Twin Cities create clear, legally valid wills that protect the people they love and reflect their wishes. This page explains what a will is, what it can (and can't) do, and what happens in Minnesota if you don't have one.
What Is a Will?
A will, formally, a "last will and testament,” is a legal document that states how you want your property distributed and your affairs handled after your death. It lets you, rather than a court or a state statute, decide who receives your assets, who cares for your minor children, and who is responsible for carrying out your wishes.
A will only takes effect after death, and until then you can update or revoke it at any time as your life changes.
What a Will Can Do
A properly drafted will does far more than divide up money. In Minnesota, a will allows you to:
Decide who inherits your property: your home, savings, vehicles, personal belongings, and other assets go to the people or organizations you choose.
Name a guardian for your minor children: for parents, this is often the single most important reason to have a will. Without one, a court decides who raises your children, with no guidance from you.
Name the person who settles your estate: your "personal representative" (executor) manages your affairs, pays final debts, and distributes your property.
Make specific gifts: leave a particular item, sum of money, or sentimental heirloom to a specific person.
Provide for people a statute wouldn't: stepchildren, unmarried partners, close friends, or charities are not covered by Minnesota's default inheritance laws, but your will can include them.
Create a trust for your children: a will can set up a testamentary trust so that assets are managed responsibly until your children reach an age you choose, rather than handed over at 18.
Plan for your pets: name a caretaker and leave funds for their care.
Make things easier for your family: a clear will reduce confusion, conflict, and cost during an already difficult time.
What Happens in Minnesota If You Die Without a Will
If you die without a valid will, you are said to die "intestate," and Minnesota's intestacy laws, not you, decide who gets what. The court distributes your property according to a fixed statutory formula that may not reflect your wishes at all.
In general, under Minnesota law:
If you are married with no children, or all your children are also your spouse's, your spouse typically inherits everything.
If you have children from another relationship, your assets are divided between your spouse and your children under a set formula, with your spouse receiving a base amount plus a share of the remainder.
If you are unmarried, your assets pass to your children, then to parents, siblings, and more distant relatives in a set order.
If no relatives can be found, your property can ultimately pass to the State of Minnesota.
Just as importantly, without a will you have no say in who becomes guardian of your minor children; that decision is left entirely to a judge. For most families, that alone is reason enough to put a will in place.
Understanding a will's limits is part of good planning. A will generally does not:
Avoid probate. A will still goes through Minnesota's probate process. If avoiding probate is a goal, a revocable living trust may be the better tool.
Override beneficiary designations. Life insurance, 401(k)s, IRAs, and payable-on-death accounts pass to whoever is named on those accounts, regardless of what your will says. Keeping those designations current is essential.
Control jointly owned property. Property held in joint tenancy with right of survivorship passes automatically to the surviving owner.
Plan for incapacity while you're alive. A will does nothing if you become ill or incapacitated. For that, you need a Power of Attorney and a Healthcare Directive, documents we prepare alongside your will.
This is exactly why a will is best created as part of a complete estate plan, so the pieces work together rather than at cross-purposes.
What a Will Cannot Do
What Makes a Will Valid in Minnesota?
For a will to hold up in Minnesota, it generally must be:
Made by someone at least 18 years old and of sound mind;
In writing;
Signed by the person making the will (the "testator"); and
Witnessed and signed by at least two people.
Minnesota also allows a will to be made "self-proving" with a notarized affidavit, which can simplify and speed up the probate process later. Do-it-yourself and online wills often fail on these technical requirements, a will that isn't properly executed can be challenged or thrown out entirely, precisely when your family can least afford it. Having an attorney prepare and execute your will helps ensure it does what you intend.
Free Community Class: Estate Planning Walk-Through
Want to learn the basics before you commit to anything? Attorney Lauren Pevehouse teaches a estate planning class through Chisago Lakes Community Education, walking attendees through the essential tools like Wills, Trusts, Powers of Attorney, and Healthcare Directives, and demystifying the probate process.
The workshop even includes a take-home will template and the opportunity for free notary services at the end of the session. It's a relaxed, no-pressure way to get your questions answered and take a real first step toward protecting your family.
Areas We Serve
We proudly help individuals and families in St. Paul, Minneapolis, Woodbury, Maplewood, Stillwater, Chisago County, Washington County, and surrounding Twin Cities communities.
Start Your Estate Plan Today
The best time to make a plan is before you need it. Whether you are creating your first will, building a trust-based plan, or updating existing documents after a major life change, we make the process clear and manageable.
Let’s take the first step together.
[Schedule Your Confidential Consultation →]
651-800-1030 · lauren@laurenpevehouselaw.com · Serving St. Paul and the Twin Cities