Duluth, MN asked in Estate Planning for Minnesota

Q: I'm 78, own no property, have no debts, and am relatively healthy. Do I still need to make a will?

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1 Lawyer Answer
Joshua Damberg
Joshua Damberg
  • Estate Planning Lawyer
  • Licensed in Minnesota

A: The answer to this question depends on what you would like to happen with your assets after you pass away. Minnesota does have a default estate plan for individuals who die without a Will. This process is called Intestacy. Basically, Minnesota law will assume that your closest living relatives are the people you would have selected to inherit from you if you would have made a Will. If you want someone other than your closest family to inherit from you, such as a more distant relative, a friend, or a charity/other organization, then you need a Will.

A Will also allows you to select a person to manage your affairs after you pass away, called an Executor or a Personal Representative. If you have someone specific that you want to take care of your final wishes, a Will presents the ability for you to nominate/appoint that person. Again, if you do not designate otherwise, then Minnesota law will ask your closest living relatives to fill this role.

Tim Akpinar agrees with this answer

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