Most people know they should have a will. Far fewer actually take the time to sit down to create one. Unfortunately, even those who create a will may end up with a document that falls short of truly protecting their family, especially if they use online will generators instead of attorneys.
At Syverson PLLC, our estate planning services are built around helping Minnesota families do this right, not just check a box. Attorney Bill Syverson has spent 30 years helping hundreds of families create wills that hold up when it counts.
A will provides you and your family more protection than simply saying who gets what assets. For example, your will should name guardians for your minor children, appoint a person you trust to manage your estate, and give your family a clear roadmap during an already difficult time. Getting the details right in your will matters more than many people realize.
What Minnesota Law Requires for a Valid Will
Before your will can do anything for your family, it has to be legally valid. Minnesota requires certain criteria for a will to be legally enforceable. Any person 18 years of age or older who is of sound mind may make a will. That phrase, sound mind, has real legal meaning and refers to your understanding of what you own, who your family is, and the nature of the document you are signing.
Under Minnesota Statutes section 524.2-502, a valid will must be made in writing. It cannot be a verbal agreement, and you, the testator, must sign it. It must also be signed by at least two witnesses, each of whom signs within a reasonable time after watching you sign or after you acknowledge the will to them. Minnesota does not recognize handwritten wills without witnesses, so a document you write and sign yourself but never have witnessed is not a valid will under Minnesota law.
An optional but worthwhile step is having your will self-proved by adding a notarized affidavit at the time of signing. A self-proved will can be admitted to probate without your witnesses having to appear in court, which simplifies things for your family considerably.
Name the Right People for the Right Roles
Two of the most important decisions in your will are who you name as your personal representative and, if you have minor children, who you name as their guardian. These choices deserve as much thought as any dollar figure in the document.
Your personal representative, sometimes called an executor, is responsible for gathering your assets and paying any taxes and debts you owe. After paying debts, they will distribute your remaining assets to your beneficiaries according to the directions in your will. This role requires organization and the ability to manage tasks under emotional pressure. Choose someone trustworthy and practical, and always name a successor in case your first choice cannot serve.
If you have minor children, naming a guardian in your will is one of the most meaningful things you can do as a parent. Without a named guardian, a court decides who raises your children, and that decision may not reflect your wishes. The guardian you choose should share your values, have a stable home environment, and have agreed to take on this role before you name them.
Be Specific About Your Property and Beneficiaries
Vague language in a will can cause confusion and potentially conflict between your beneficiaries. The more clearly you describe your assets and your intentions, the less room there is for disputes among your beneficiaries. Rather than simply stating that your property should be divided equally among your children, consider which specific assets go to which person and whether any conditions apply.
Pay particular attention to personal property with sentimental value. Family heirlooms, jewelry, and collections are among the most common sources of beneficiary disputes. A specific bequest naming both the item and the recipient removes that ambiguity entirely.
Your last will and testament also does not control everything. Retirement accounts, life insurance, and payable-on-death accounts pass through beneficiary designations regardless of what your will says. We cover how these pieces fit together on our wills and trusts page, and keeping your designations consistent with your will is essential.
Common Mistakes That Undermine a Will
One of the most common mistakes we see is a will drafted years ago and never updated. Marriage, divorce, the death of a beneficiary, the birth of a grandchild, or a significant change in assets should all trigger a review. A document that once reflected your wishes may no longer do so, and in some cases it may actively work against them.
Another mistake is failing to execute the document properly. Working with an attorney can help you execute the will so it’s valid and holds up in court.
Storing your will somewhere inaccessible is an equally serious problem. If your family cannot find it when they need it, it may as well not exist. Tell your personal representative where the original is kept, whether that is with your attorney or in a secure location at home.
A Will Is One Part of a Complete Plan
A well-drafted will is a foundation, but it works best as part of a broader estate plan. Pairing your will with a durable power of attorney and a health care directive ensures that someone you trust can manage your finances and medical decisions if you become incapacitated, not just after you pass away. These documents work together to protect you and your family at every stage.
For families with blended situations, significant assets, a family member with special needs, or property in multiple states, a trust may offer advantages a will alone cannot provide. The right structure depends on your circumstances, and personalized guidance is worth far more than any generic template.
Discuss Your Estate Plan with a Minnesota Attorney
Creating a will that protects your loved ones requires meeting Minnesota statutory requirements, naming the right people, and being specific about your intentions. You will also need to keep the will current as your life changes. It is one of the most important things you will do for the people you care about most.
Attorney Bill Syverson has guided hundreds of Minnesota families through this process, and we are ready to help you do the same. Contact Syverson PLLC today to schedule a consultation and put a will in place that truly stands behind your family.
