Why do I need to have a will?

Q. Why do I need to have a will?

A: There are many reasons to have a will. For one, if you want to determine where your assets go when you die, a will is where you need to make those provisions for many types of assets. If you die without a will (“intestate”), Minnesota law dictates where those assets will go. The probate laws are essentially a set of defaults for people who do not have wills. Under Minnesota law, only your heirs at law are entitled to inherit your assets. Heirs at law are your relatives (by birth or adoption, but not step-relatives) and your spouse. So, if you want to leave anything for a friend, domestic partner, charity or other organization, you will need a will. Similarly, if you want to choose a specific person to administer your estate (the personal representative), you must do it in a will; if you don’t there is a priority list of persons for the court to follow. Another real “hot button” issue is appointing a guardian and conservator for a child. Courts usually defer to a nomination in a will. Without that nomination, it is certainly possible that a person or persons will be appointed to serve whom you would not pick to raise your children. These are just a few of the good reasons to have a will.

Answer provided by Mary Shearen of Best & Flanagan