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What are the requirements for a legal will?

When you die, the last thing you want is to leave behind a messy estate for your loved ones. You have probably witnessed or at least heard about someone dying without a will in Minnesota and the headaches it causes for those left behind. To be properly prepared, you at least need to have a legally valid will. According to the Attorney General, there are specific requirements that must be met to make this estate document legally valid and enforceable under state law.

To being with, you have to be a legal adult of at least 18 years of age. You must put the will in writing and sign it or have someone you have appointed sign on your behalf in your presence. It must also be written when you are of a sound mind to do so. You need to have it also witnessed and signed by at least two other people, and it should be clear that this document is a will and is to be used as the directive for your estate upon your death.

If you are concerned about probate, you can help make that process easier by creating a self-proved will. All the previous requirements must be met and in addition, you need to create an affidavit that states you are the legal age and of sound mind. It must state you created the document of your own free will without influence. You have to sign the affidavit. Your witnesses also have to create a similar affidavit. This information is for education and is not legal advice.

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Dunlap & Seeger, P.A.
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Rochester, MN 55904

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