Estate Planning, Wills & Trusts in MN
Your Plan. Your Terms.
Your Peace of Mind.
Most people know they should have an estate plan. Far fewer actually have one — and of those who do, many have documents that are outdated, incomplete, or no longer reflect how their lives have changed. Whether you’re just starting to think about this or you have a will that hasn’t been touched in fifteen years, we can help you get it right.
Estate planning is one of our most established and experienced practice areas at Klemp & Stanton. We’ve worked with thousands of Minnesota families over more than three decades — young couples with small children, grandparents with complex assets, and business owners who need their personal and professional plans to work together. We bring the same patient, understandable approach to every client we serve.
Estate planning doesn’t have to be complicated or intimidating. Our job is to make sure you know and understand your options, feel confident in your decisions, and leave with a plan that actually does what you need it to do.
Why Estate Planning in Minnesota Matters
A well-constructed estate plan does more than determine who gets what when you die. It puts you in control of decisions that would otherwise be made by a court, a hospital, or state law — often in ways you wouldn’t have chosen. A complete plan will:
- Ensure your assets go to the people you choose, in the way you choose
- Keep your estate out of probate court, or make that process as straightforward as possible
- Protect minor children by naming a guardian and controlling when and how they receive an inheritance
- Minimize estate taxes and administrative costs
- Appoint someone you trust to manage your finances if you become incapacitated
- Make your health care wishes legally clear so your family isn’t left guessing
No two families are alike, and no two estate plans should be either. We take the time to understand your situation before recommending anything.
94
Years of legal experience
10,000+
Clients served
95%
Clients from referrals
Estate Planning Services for Minnesota Families & Individuals
A thorough estate plan typically includes some combination of the following, depending on your circumstances:
Wills
A will is the foundation of most estate plans. It names who inherits your assets, who serves as executor of your estate, and — critically for parents — who will serve as guardian for your minor children if something happens to you.
One important thing many people don’t realize: having a will does not mean your estate avoids probate. A will is essentially a set of instructions to the probate court — it tells the court what you want, but the court process still happens. If avoiding probate is a priority, a trust is usually the better tool.
That said, a will is always better than nothing. Without one, Minnesota law determines who inherits your assets and who raises your children — and the law’s answer may not be yours.
A will allows you to:
- Name the executor who will manage and distribute your estate
- Designate beneficiaries for your personal property and financial assets
- Name a guardian for minor children
- Set up a testamentary trust to control how and when children or grandchildren receive an inheritance
Trusts
A trust is one of the most powerful and most misunderstood tools in estate planning. Unlike a will, a properly funded trust allows your assets to transfer to your beneficiaries without going through probate court — saving your family time, money, and the stress of a public court proceeding.
Revocable Living Trust
The most commonly used trust in estate planning, a revocable living trust allows you to maintain full control of your assets during your lifetime while ensuring a smooth, private transfer to your beneficiaries after your death. Key benefits include:
- Avoids probate entirely, in Minnesota and in any other state where you own property
- Keeps your plan of distribution private — unlike a will, a trust is not a public document
- Provides for management of your assets by a trusted family member or institution if you become incapacitated
- Allows for optimum tax planning without requiring additional tax filings
Credit Shelter Trust
For married couples with combined assets over $3,000,000 (including life insurance) a simple will is often not sufficient. A credit shelter trust is structured so that upon the death of one spouse, assets up to a specified value are transferred into a trust for the benefit of the surviving spouse and then to the children or beneficiaries. The surviving spouse receives income for life and access to principal if needed. Upon the second death, the assets in the trust pass to beneficiaries free of estate tax. This structure can effectively double the tax exemption available to a family.
Other Trusts to Consider
Depending on your circumstances, we may also recommend:
- Irrevocable trusts
- Qualified personal residence trusts
- Charitable trusts
- Life insurance trusts
- Supplemental needs trusts
- Testamentary trusts
Health Care Declarations
A health care declaration (sometimes called a health care directive or living will) is a written document that tells others what you want if you become unable to communicate your own medical decisions. It allows you to name a trusted person as your health care agent and to specify your wishes regarding treatment, life-sustaining measures, and other medical decisions.
Under Minnesota law, you have the right to state your health care wishes in writing so that they’re legally clear and binding. Without a directive, health care providers will look to family members for guidance, but family members don’t always agree, and the law may not give decision-making authority to the person you would have chosen.
A health care declaration allows you to:
- Name a health care agent to make decisions on your behalf
- Specify your wishes regarding life-sustaining treatment
- Address organ donation preferences
- Provide guidance on pain management and comfort care
You must be at least 18 years old to execute a health care directive in Minnesota. We recommend having one in place well before you think you might need it.
Power of Attorney
A power of attorney authorizes another person — your agent — to act on your behalf in financial and legal matters. This can be invaluable if you become incapacitated, but it can also be useful in everyday situations where you need someone to handle specific transactions on your behalf.
There are three key types to understand:
General Power of Attorney
A General Power of Attorney grants your agent broad authority to handle financial affairs such as paying bills, managing accounts, and selling assets. This type terminates automatically if you become incapacitated, which is why most estate plans use a durable power of attorney instead.
Durable Power of Attorney
A Durable Power of Attorney remains effective even if you become incapacitated, making it the more common choice for estate planning purposes. It can take effect immediately or only upon a triggering event such as a physician’s determination of incapacity.
Limited Power of Attorney
A Limited Power of Attorney grants authority over a specific transaction or for a specific period of time — for example, authorizing someone to manage a particular property or account while you’re traveling.
It’s important to note that all powers of attorney terminate upon death. They are not a substitute for a will or trust when it comes to transferring assets after you’re gone.
What Documents Are Common in a Minnesota Estate Plan?
A complete estate plan usually involves several documents that address different needs. While the right combination depends on your circumstances, common estate planning documents in Minnesota include:
-
Last will and testament: Identifies beneficiaries, nominates a personal representative, and allows parents to nominate guardians for minor children.
-
Revocable living trust: Provides instructions for managing and distributing assets held in the trust, potentially allowing those assets to pass without probate.
-
Durable power of attorney: Authorizes someone you choose to handle financial and legal matters on your behalf, including during incapacity if properly drafted.
-
Health care directive: Documents your health care preferences and allows you to appoint someone to make medical decisions when you cannot.
-
Beneficiary designations: Direct certain assets, such as retirement accounts and life insurance proceeds, to designated recipients outside the terms of a will.
-
Transfer-on-death arrangements: May allow certain Minnesota assets, including qualifying real estate and financial accounts, to transfer to named beneficiaries without probate.
These documents should be coordinated rather than prepared independently. For example, a will may direct assets to one person while an outdated beneficiary designation sends an account to someone else.
An estate planning attorney can help review the complete picture and make sure your documents support the same goals.
How Can a Minneapolis Will and Trust Attorney Help You?
Wills and trusts serve different purposes, and deciding which documents you need depends on what you want your estate plan to accomplish.
A Minneapolis will and trust attorney can help you evaluate questions such as:
- Who should inherit your assets, and when should they receive them?
- Would a revocable living trust help your family avoid probate?
- How can you provide for children or grandchildren who aren’t ready to manage an inheritance?
- What happens to jointly owned property or accounts with named beneficiaries?
- How should your estate plan address a second marriage or blended family?
- Who should manage your affairs if you become unable to make decisions?
An attorney can also help ensure that a trust is properly funded. Creating a trust document alone doesn’t automatically place your assets into the trust. Depending on the property involved, additional steps may be needed to transfer ownership or coordinate beneficiary designations.
Estate planning also means thinking ahead to how your circumstances might change. An attorney can help you build flexibility into your plan, whether that means preparing for changes in your family, protecting an inheritance for future generations, or making it easier to update your documents as your needs evolve.
At Klemp & Stanton, we explain these decisions in plain language so you understand not just which documents you’re signing, but how they’ll work when your family needs them.
When Do You Need an Estate Planning Attorney in St. Paul?
There’s no single age or financial milestone when estate planning becomes necessary. For many people, the right time to create or update a plan is when something important changes in their lives.
You may want to speak with a St. Paul estate planning attorney if you’re:
-
Getting married, divorced, or remarried
-
Having or adopting a child
-
Purchasing a home or acquiring significant assets
-
Starting, buying, or selling a business
-
Preparing for retirement
-
Caring for a family member with disabilities or additional support needs
-
Experiencing the death of a spouse, beneficiary, or person named in your existing documents
Even without a major life change, it’s worth reviewing an estate plan periodically. Documents prepared years ago may name people who are no longer appropriate for certain responsibilities or may not reflect your current financial circumstances.
You don’t need to wait until retirement or until you’ve accumulated substantial wealth. Estate planning can be just as important for young parents who need to name guardians as it is for retirees planning how to distribute their assets.
Why Work With an Estate Planning Attorney in the Twin Cities?
Estate planning involves more than filling out forms or deciding who should inherit your property. The documents you create need to work together, reflect your circumstances, and meet Minnesota’s legal requirements.
Online templates may seem like an easy solution, but they can’t always account for the details that make your situation unique. A blended family, jointly owned property, a family business, or a beneficiary with special needs can all affect how an estate plan should be structured.
Working with a Twin Cities estate planning attorney gives you the opportunity to ask questions, understand your options, and make informed decisions. An attorney can also identify issues you may not have considered, such as how beneficiary designations interact with your will or whether a trust would help accomplish your goals.
An attorney can also help you think through the practical side of your decisions. Choosing someone to manage your estate, handle your finances, or make health care decisions involves more than simply naming a person on a document. It’s important to understand what those responsibilities involve and whether the people you’ve chosen are prepared to take them on.
The objective isn’t to make estate planning more complicated. It’s to create a plan that works for you and the people who depend on you.
Who We Help
Estate planning isn’t limited to people with large estates or complicated financial arrangements. At Klemp & Stanton, we work with Minnesota individuals and families whose circumstances and priorities vary widely.
Our estate planning clients include:
- Young adults and newly married couples who want to establish foundational documents and name trusted decision-makers.
- Parents with minor children who need to address guardianship, inheritance planning, and financial protection.
- Blended families navigating questions about providing for a spouse while preserving inheritances for children from previous relationships.
- Business owners who need to coordinate their personal estate plans with business ownership and succession arrangements.
- Individuals approaching retirement who want to review their assets, beneficiaries, and long-term plans.
- Older adults and their families planning for incapacity, asset management, and the eventual transfer of property.
Whether your situation is relatively straightforward or involves multiple properties, business interests, or complex family relationships, we take the time to understand what matters most to you.
Why Choose Klemp & Stanton for Estate Planning in the Twin Cities?
Estate planning is personal. You’re making decisions about your family, your finances, and who you trust to carry out your wishes. You should feel comfortable asking questions and confident that your attorney understands what you’re trying to accomplish.
For more than 35 years, Klemp & Stanton has helped Minnesota families plan for the future. We’ve worked with clients at different stages of life, including families who return as their circumstances change and multiple generations seeking guidance on their estate plans.
Our approach emphasizes clear communication, practical recommendations, and direct attorney involvement. We explain the purpose of each document, discuss the available options, and help you make decisions without unnecessary legal jargon.
We also understand that estate planning needs can change over time. Whether you’re preparing your first will, establishing a trust, or updating documents created years ago, we’re here to help you develop a plan that reflects your current circumstances.
From our Mendota Heights office, we serve clients throughout Minneapolis, St. Paul, and the surrounding Twin Cities communities. Our goal is to make the estate planning process understandable, manageable, and worthwhile for every client we work with.
FAQs about Estate Planning, Wills, & Trusts in MN
Do I need an estate plan if I don't have a lot of assets?
Estate planning isn’t just about wealth — it’s about making sure the right people have authority to act on your behalf and that your wishes are legally clear. Even a modest estate benefits from a will, a power of attorney, and a health care directive. Without them, Minnesota law and the courts make those decisions for you.
What's the difference between a will and a trust?
A will directs how your assets are distributed after death but still requires probate court. A trust allows assets to transfer directly to beneficiaries without court involvement, keeping the process private and often faster and less expensive. Many complete estate plans include both.
Does having a will mean my estate avoids probate?
No, this is one of the most common misconceptions in estate planning. A will is a set of instructions to the probate court, not a way around it. If avoiding probate is a priority, a revocable living trust is usually the better approach.
How often should I update my estate plan?
You should review your estate plan after any major life change — marriage, divorce, the birth of a child, a significant change in assets, or the death of a named beneficiary or executor. As a general rule, reviewing it every three to five years is a good habit even if nothing has changed.
What happens if I die without a will in Minnesota?
Minnesota’s intestacy laws determine how your assets are distributed — typically to your spouse and children in a formula defined by statute. If you have no spouse or children, assets pass to other relatives in a specific order. The court will also appoint a guardian for any minor children, without input from you.
Ready to Get Started?
Estate planning is one of those things that’s easy to put off — and important not to. The good news is that getting started is simpler than most people expect. Our initial consultation is free, we’ll come to you if that’s easier, and we’ll give you a clear picture of what you need and what it will cost before you commit to anything. Call us at (651) 310-1400 or contact us online to schedule a time that works for you.
News + Insights
What Documents Are Needed for a Minnesota Estate Plan?
When people think about estate planning, the first document that usually comes to mind is a will. A will is important, but a complete estate plan often involves more than deciding who receives your property after you die. Estate planning can also address who manages...
Do I Need a Trust or Is a Will Enough?
A will and a trust can both be effective estate planning tools—but they aren't interchangeable, and one isn't automatically better than the other. One of the most common questions people ask when they begin estate planning is whether they need a trust or if a will is...
What Happens If You Die Without a Will in Minnesota?
Most people know they should have a will. Far fewer understand what actually happens if they don’t. If you die without a will in Minnesota, you are considered to have died “intestate.” That means state law — not you — determines who receives your assets, who manages...