Planning for the future gives you peace of mind. Whether you want to protect your loved ones, pass on assets, or avoid court delays, creating a will or trust is a key step. Without a plan in place, Minnesota law decides who receives your property, and that outcome may not reflect your wishes.
At Neyens Law PLLC, we help Oakdale residents prepare wills and trusts that reflect their goals and protect their families. With clear guidance and reliable support, you can move forward with confidence.
If you’re unsure which option is right for you, Wills vs. Trusts: Which one makes sense for your family? offers helpful insights.
Why You Need a Will or Trust
If you pass away without a plan, the court distributes your property under Minnesota’s intestacy laws. This process may leave out important people in your life or create confusion between family members.
With a will or trust, you can:
- Decide who receives your property
- Name guardians for minor children
- Choose someone to manage your affairs
- Protect your assets from avoidable taxes or fees
- Avoid probate or reduce court involvement
These documents work together with your Estate Planning goals to provide security for your loved ones.
What Is a Will?
A will is a legal document that explains how you want your property distributed after your death. You can also name a personal representative to carry out your wishes and list guardians for children under 18.
Minnesota has specific rules for valid wills. These include:
- You must be at least 18 and of sound mind
- The will must be in writing
- It must be signed and witnessed properly
You can learn more about Minnesota probate and will requirements on the Minnesota Judicial Branch.
What Is a Trust?
A trust is a legal tool that holds and manages assets for the benefit of someone else. The person who creates the trust is called the grantor. The person who manages it is the trustee, and those who benefit are beneficiaries.
One common type is the revocable living trust, which allows you to:
- Keep control of your assets during life
- Appoint someone to manage them if you become unable
- Avoid probate by passing assets directly to your beneficiaries
Investopedia’s overview of revocable trusts explains how they work in simple terms.
Will or Trust: Which One Is Right for You?
Both wills and trusts are helpful, but they serve different purposes. Here’s a quick comparison:
| Feature | Will | Trust |
| Goes into effect | After death | During life |
| Requires probate | Yes | No (if fully funded) |
| Covers incapacity | No | Yes |
| Controls when beneficiaries receive assets | Limited | Yes |
| Public record | Yes | No |
A will may be enough for a simple estate, but a trust offers more flexibility and privacy, especially if you own real estate, have blended family dynamics, or want to avoid probate.
We help you choose what fits your situation best.
Need help deciding between a will or trust?
Call (651) 478-8999 or contact Neyens Law PLLC to explore your options.
What Happens If You Don’t Have a Will or Trust?
If you die without a will or trust, your estate goes through probate. The court appoints a personal representative, and your assets are divided under state law.
This can result in:
- Delays
- Extra legal costs
- Inheritances going to unintended heirs
- Added stress for your family
Estate Planning prevents these outcomes by putting you in control of your legacy.
You can read about intestate succession laws in Minnesota on the Revisor of Statutes site.
What Should You Include in a Will or Trust?
Whether you choose a will or a trust, it’s important to be thorough. Your plan should cover:
- Real estate
- Bank and investment accounts
- Personal property and heirlooms
- Digital assets and online accounts
- Guardianship for children or dependents
- Pet care instructions
- Funeral or memorial preferences
We work with you to make sure your documents reflect your values and protect your wishes.
Can You Have Both a Will and a Trust?
Yes. Many people use both. A pour-over will works alongside a trust to catch any assets that weren’t transferred before death. This ensures your estate is complete and avoids probate for as many assets as possible.
If you already have a trust, we can review it and create or update your will to work together effectively.
Updating Your Will or Trust
Life changes. Your estate plan should too. Consider updating your documents after:
- Marriage or divorce
- Birth or adoption of a child
- Death of a beneficiary or trustee
- Significant financial changes
- A move to another state
We review existing wills and trusts for Oakdale residents and help make updates that reflect your current life.
How Neyens Law PLLC Helps Oakdale Families
At Neyens Law PLLC, we guide Oakdale individuals, couples, and families through the process of creating wills and trusts. We explain your options clearly, help you understand what works for your goals, and prepare documents that give you peace of mind.
Whether you’re starting from scratch or updating an old plan, we’re here to support you.
Take Control of Your Future With a Will or Trust
You’ve worked hard to build a life you love. Make sure your wishes are clear and your loved ones are protected. Call (651) 478-8999, contact us here, or visit Neyens Law PLLC to get started.
Proudly Serving Oakdale and Surrounding Communities
Neyens Law PLLC works with clients throughout Oakdale, including Woodbury, Maplewood, and Stillwater. We’re honored to help local families build lasting, thoughtful legal plans.