Generic document websites and estate planning apps promise to take the stress and expense out of planning for the future. These resources often give adults concerned about their legacies or the support of their family members a false sense of security and don’t truly protect testators or their family members the way they expect or assume. In many cases, working directly with an estate planning attorney familiar with Minnesota’s unique statutes is critical for the protection of a testator and any dependent members of their family.
Generic documents may not conform to state rules
Minnesota has unique estate planning statutes that people need to understand to ensure that their documents are both legally valid and extend optimal legal protection. For example, witness requirements in Minnesota mandate that the testator sign in front of at least two competent adult witnesses for a will to be valid. Documents they draft on an app may not have any witnesses.
Additionally, an estate planning attorney can educate a testator about tax implications and when revisions may be necessary. Under Minnesota’s anti-lapse rule for the descent of property, the death of a beneficiary does not invalidate an estate plan or leave the assets designated for that beneficiary unaccounted for during the probate process.
Minnesota state law explicitly allows for the inheritance intended for a deceased individual to pass to their surviving heirs and beneficiaries. For those who want to control who actually inherits their property, naming alternate beneficiaries or including special language to prevent the transfer of inheritance may be necessary.
Other common digital planning issues
Creating a digital or electronic estate plan using an app can be challenging, regardless of the jurisdiction. People may create generic documents that don’t actually meet the necessary standards or that lack the language necessary to achieve their specific testamentary goals.
Additionally, there is the very real possibility of surviving family members and beneficiaries being unaware of the presence of the documents drafted through an app. Unless a testator stores them in a specific location or deposits their will with the courts, their family members could administer their estate as though the testator had left no will at all.
Working with a Minnesota estate planning attorney is almost always a better option than using generic apps for important legal documents. The attorneys at Sjoberg & Tebelius, P.A. prioritize bespoke documents that reflect not only our clients’ unique property and family circumstances but also their true legacy wishes.
Creating detailed, legally-accurate estate planning paperwork provides both protection and peace of mind. An estate planning attorney from Sjoberg & Tebelius, P.A. can offer better guidance and more effective paperwork than a generic app.