FAQ

IS THERE A CHARGE FOR MY INITIAL CONSULTATION WITH YOU? - Yes, for the first half-hour discussion with me, either over the telephone or in person, there is an inital consultation fee of $50.  This allows both of us to decide if I can help you with the matter that concerns you, and estimate the cost of my services to you.  If you decide to retain us this fee is applied to your bill.

WHAT DOES A WILL DO? - A will does two primary things. First, it directs who will receive your estate after your death. Second, it provides instructions about what should happen after death, including who should care and provide for your children or dependents.

WHAT MAKES UP AN ESTATE? - Your estate includes furniture, jewelry, bank accounts, automobiles, business interests, real estate, and virtually everything else you own.

WHAT HAPPENS IF I DIE WITHOUT A WILL? - If you die without a will, state law determines who receives all or a portion of your estate. This is called dying intestate. If your spouse survives you generally a large portion of your estate will go to them. If your spouse died before you or you do not have a spouse, the balance of your estate would go to the children. If you are not survived by a spouse or children your estate will be distributed to your any surviving parents, siblings or cousins, and the remainder of your family tree. If you have no surviving family and die without a will, the balance of your estate will be paid to the state of Minnesota. This is called escheat.

DOES A WILL AVOID PROBATE? - Not necessarily. Probate is a court proceeding which manages and settles your estate. If all of your property is held jointly or in trust, or has designated beneficiaries, a probate may not be necessary after death. If there is property to be administered or taxes to be paid, existence of a will does not necessarily avoid probate nor does it increase the expense of the probate process.

HOW LONG IS A WILL VALID? - A Will remains effective until it is changed or revoked. There is no expiration dayeIt is recommended that you periodically review your will to account for any changed circumstances. Changes in your life may not accurately reflect how you want those assets to be handled at your death. Changes that require updating your will include marriage or divorce; a birth or death in the family; a nominated guardian for your children dies or is no longer available; the value of your estate changes significantly, or if you move to another state.

WHAT IS A HEALTHCARE DIRECTIVE? - Healthcare directives allow you to appoint a health care agent to make health care decisions when you become unable to make or communicate such decisions. You give instructions as to what choices you prefer. The healthcare directives law combined and replaced what was previously called a living will and a durable power of attorney for health care. A health care directive can outline and describe your preferences about issues such as surgery, nursing home or specialized care, medication, religious concerns, funeral planning, organization in the types of life-sustaining procedures you may want or not want for yourself.