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Making a Valid Will in Minnesota

A will is an important tool that allows you to determine how your assets are organized and distributed once you pass away. It also names a suitable executor to carry out your wishes in this regard. A will is particularly important if you have minor children, as you can name guardians and a trusted person to take care of your property until the children are older.

Drafting a will

The testator, the person making the will, must be 18 or older and of sound mind at the time the will is drafted. The will must be executed in accordance with Minnesota probate law to prevent the risk of it being invalidated in the future. The following rules apply:

  • The will must handwritten or typed, not verbal.
  • The will should be signed by the testator or another individual as directed by the testator.
  • At least two individuals need to sign the will as witnesses after personally observing the testator sign it.

What options are there for storing the will?

Once a will has been finalized, it is important to keep the original in a safe and easily accessible location. Under Minnesota law, a testator or the testator's agent may deposit the sealed will with any court for safekeeping. It is advisable to inform your executor about where the will has been stored to avoid any future complications.

If you are seeking to put a well-drafted will in place to safeguard your wishes, contact the compassionate and skilled attorneys at Hess & Jendro Law Office, P.A. for assistance.

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Hess & Jendro Law Office, P.A.
11070 183rd Circle NW
Suite A
Elk River, MN 55330

Phone: 763-200-6626
Fax: 763-274-1452
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