The first issue is always when should you write a will in Minnesota? In Minnesota, the rule is any person who is 18 or more years of age who is of sound mind may make a will. That being said, how many 18 year old people have wills?
The answer: very few. None the less, any person older than 18 years of age can make a will. Thus, use this as the starting point on deciding should you write a will in Minnesota.
The second issue is what is a will? In Minnesota, a will includes a codicil and any testamentary instrument which merely appoints an executor or revokes or revises another will. It is the opinion of this law office that a person with a spouse or a child should write a will in Minnesota as soon as possible.
Yes, this law office will make this type of accommodation on your behalf if you are expecting a child. Also, it is the opinion of this law office that a person entering the military should write a will in Minnesota as soon as possible.
Specific to those in the military, do not wait for boot camp to expire or to receive your commission or receive orders to your first duty station. Instead, you should write a will in Minnesota before these types of events.
Also, it is the opinion of this law office that a person who has a child, whether married or not, should write a will in Minnesota. Interestingly enough, Minnesota law does not support a person who has a child before the age of 18 if that person wants to write a will.
None the less, if you are expecting a child, have a child, or have children, you should write a will in Minnesota as soon as possible. Otherwise, you are relying on rules implemented without your vested interest or the interest of your children.
When trying to decide when you should write a will, consider the alternative. What would happen if you didn’t write a will in Minnesota? If the answer is – I don’t know, then you should write a will. In Minnesota, a person’s beneficiaries or loved ones has different rights than a person who dies with a will.
In other words, your stuff gets divided based on the rules put in place by legislation. Do you want your stuff divided as decided by your legislators or do you want your stuff divided as you deem appropriate?
If you want to write a will in Minnesota and are trying to decide whether or not you should write a will now or wait until your second or third child comes along, you are on borrowed time. Again, this law office will make this type of accommodation on your behalf if you are expecting a child. Thus, give this law office a call and ask how.
In closing, a plan in place is a better plan than no plan. If you want to write a will in Minnesota or have questions about the process, contact this law office for help.
