Making a Will in Minnesota
The statutory requirements for making a will in Minnesota are quite simple. To make a will, you need to be eighteen years of age or older, and you must be of sound mind. A properly executed will must be signed,witnessed and notarized. It is important to meet all of the legal requirements to assure that the will is not
subject to challenge. Wills that contain a self-proving clause that is notarized avoid any requirement that the witnesses would have to come into court to testify that the person actually signed the will.
Witnessing a Will in Minnesota.
Just as a person making a will must be of age and competent so to must a witness to that will. The witnesses to the signing of the will must be individuals who are competent individuals. Professional legal advice in the execution of a will can reduce the risk that the document will be challenged. While a person with an interest in the contents of the will can be, a witness some states prohibit a witness to a will from inheriting from that will. If a will were to be probated in such a state, there could be a devastatingly negative effect on the intended distribution.
In-state and Out-of-state Wills
There is no requirement that a will has to be executed in Minnesota. An out of state will can be probated under Minnesota law as long as it is validly executed. Questions on whether a will can be probated in Minnesota courts should be addressed to your estate attorney.
Contact Mr. Herrick Your Minnesota Lawyer
Wills are an important part of life. Having a will means your wishes are carried out when you die. It also means less stress and hassle for your family. Please contact me for more information.
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