Sjoberg & Tebelius, P.A.
Serving Minnesota & Western Wisconsin
651-315-8856

Do I need a revocable trust for my estate plan?

Estate planning is a difficult topic for many people here in Minnesota, and many make incorrect assumptions when considering what to do with their assets after they die. There are those who believe it’s something you do when you get older, while others think having a will is only for the wealthy.

Probate is the legal process of settling your estate after you die where your assets are determined, bills are paid, and your heirs get what’s left. Generally, all estates in Minnesota worth more than $75,000 must go through probate.

Revocable trusts are an option to consider

While there are many ways to distribute your assets, a revocable trust may be an attractive alternative to a will. Instead of having your property go through probate court, they go into a trust, which is a private entity. A revocable trust can be changed at any time while you are alive and should not be confused with irrevocable trusts, which cannot be changed and are generally created for tax purposes.

What are the advantages?

There are many positives to creating a revocable trust, including:

  • Skipping the probate court process
  • Avoiding a court-appointed conservator in the event of mental or physical incapacitation
  • Flexibility allowing changes or amendments until death
  • Details are not made public at the time of death
  • Distribution of assets can begin immediately after death

What are the disadvantages?

There are also some negatives to consider, including:

  • Revocable trusts provide no tax benefits and are not tax shelters
  • You must retitle all assets held in the trust
  • Heirs have more time to contest a trust, up to three years in Minnesota compared to one year for a will

Seek experienced legal guidance in estate planning

Discussing your mortality or that of your loved ones is never an easy conversation to have. Whether it’s setting up a complicated trust or a simple will, talking to an experienced estate planning attorney here in Minnesota and putting a plan in place can create peace of mind for you and your family knowing that your final wishes will be honored.

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  1. “Thank you for providing personalized professional services to us during a time of grief and loss when family relationships were not the best. With an attorney on board to help manage legal matters, everyone had confidence that the best was being done. ”

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  2. “Our estate plan was handled well. We never felt rushed and all details were fully explained. Sam is very professional, easy to talk to and experienced in all aspects of estate planning. He gave examples and explored alternatives for us to consider. Well done and thanks.”

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  3. “I was given the name of the law firm by a family friend after helplessly pilfering through endless names on websites. I am grateful I called. I was connected with Dave Meier immediately and from the go, was treated with dignity, care and respect. Every visit to the firm was pleasant and professional. ”

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  4. “We were highly impressed upon the level and capability of Sjoberg & Tebelius. They gently showed us that there was much more to achieving the Will in the correct format that will protect our children than the quick attempts we had made on our own. Great people to work with - achieving our desired results!”

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Over 30-years of experience Serving Minnesota & Western Wisconsin

Sjoberg & Tebelius, P.A.

2145 Woodlane Drive
Suite 101
Woodbury, MN 55125

Fax: 651-738-0020
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