Many people put off estate planning, assuming they have plenty of time or believing their assets will automatically go to their loved ones. However, dying without an estate plan—also known as dying intestate—can lead to unintended consequences, legal complications, and financial burdens for family members. At Holker Law Offices, PLLC, we help Minnesota residents create comprehensive estate plans to protect their wishes and their loved ones.

What Happens When Someone Dies Without an Estate Plan?

When an individual dies intestate in Minnesota, their assets are distributed according to state intestacy laws. This means:

• The court decides who inherits your assets – Instead of you determining how your property is distributed, Minnesota law dictates how it will be divided among your heirs.
• Delays in asset distribution – The probate process can take months or even years, delaying access to assets for surviving family members.
• Higher legal costs – Without a clear estate plan, your loved ones may face significant court fees, attorney costs, and administrative expenses.
• Family disputes – When there is no will or trust to guide asset distribution, disagreements among family members can arise, leading to costly legal battles.

How Minnesota’s Intestacy Laws Distribute Assets

Under Minnesota law, the distribution of assets follows a set order:

• If you are married with children – Your spouse may inherit the majority of your estate, but a portion may go to your children, depending on whether they are from the same marriage.
• If you have children but no spouse – Your children inherit everything, divided equally.
• If you are married without children – Your spouse typically receives the entire estate.
• If you have no spouse or children – Assets go to your closest relatives, starting with parents, then siblings, and further extended family members if necessary.
• If no heirs are found – The state of Minnesota may claim your estate.

The Risks of Dying Without an Estate Plan

Dying without an estate plan can have severe financial and emotional consequences for loved ones, including:

• Guardianship concerns for minor children – Without a will, the court decides who will raise your children, which may not align with your wishes.
• Business instability – If you own a business, the lack of an estate plan can create uncertainty and legal challenges for business continuity.
• Unintended beneficiaries – Minnesota’s intestacy laws may distribute assets to relatives you would not have chosen as beneficiaries.

How Holker Law Offices, PLLC Can Help

Creating an estate plan ensures that your wishes are honored, your loved ones are provided for, and unnecessary legal hurdles are avoided. At Holker Law Offices, PLLC, we guide Minnesota residents through the estate planning process, helping them draft wills, trusts, and other legal documents to protect their assets and secure their legacies.

Conclusion

Failing to create an estate plan can lead to unintended consequences, legal delays, and financial hardships for your loved ones. By taking proactive steps to establish a will, trust, or other estate planning tools, you can control how your assets are distributed and spare your family unnecessary stress. If you need assistance in creating an estate plan in Minnesota, Holker Law Offices, PLLC is here to help.