Wills and Probate

Wills and Probate

Estate planning attorneys.

Bradley Werner, LLC – Minneapolis/St. Paul Office

Estate Planning and Probate Legal Services

Bradley Werner, LLC offers a full range of services relating to wills, including drafting, review, amendment, revocation and execution. Our experience enables us to provide reliable and practical estate planning advice to people from all walks of life. We understand that it can feel overwhelming to make plans for the property and assets you have accumulated over a lifetime, and it can be difficult to think about how your children should be cared for should the unthinkable happen. Our goal is to help people in the Woodbury area and throughout Minnesota to create wills in which they can feel confident and secure. Our office is capable of handling estates of all sizes and levels of complexity, creating clear and enforceable instructions that accurately convey our clients’ intentions.

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Wills

Your last will and testament provides the opportunity to distribute your property and finances, establish care for your children and otherwise express your wishes upon your death. A will is the primary means by which you can leave property to a person or entity other than a blood relative, such as a domestic partner, a friend or a charity. If you die without a will, the court determines how your estate is distributed, making decisions that might not reflect your desires. Our lawyers can draft clear, legally sound wills that include considerations for:

  • Property — Real estate is typically the most valuable property a person or couple owns. Wills can include instructions for all kinds of property, from homes, automobiles and art to sentimental objects.
  • Financial assets — A wide array of financial assets can be accounted for in a will. You can choose how the wealth you hold in bank accounts, stocks, bonds, retirement plans and other sources of value should be distributed among your beneficiaries.
  • Child guardianship — Your will allows you to make contingency plans for the care of your minor children. This is especially crucial if you are a single parent, but couples should also consider whom they want to raise their children if both parents pass away. You can also make arrangements in your will for the care of your pets.
  • Personal Representative responsibilities — Your will can include instructions for who should be in charge of overseeing the distribution of your property and seeing to it that your wishes are carried out.

As your life unfolds, your circumstances and concerns may shift. To remain current, you should review and update your will intermittently. We can advise you on your will in light of your current finances, marital status and family situation.

Power of Attorney

Powers of attorney are documents that convey legal authority for one person or organization (agent) to act in the name of another person when making decisions.  These documents can be highly useful for individuals and business owners. It is also useful for parents and their children once a child turns 18. If an illness, chaotic schedule, extensive travel or other circumstances make it difficult for you to make informed decisions about issues that affect your life, you can grant power of attorney to someone you trust so they can act on your behalf. At Bradley Werner, LLC, we guide clients in Minnesota through the process of authorizing an agent, and we carefully draft powers of attorney that meet our clients’ specific needs.

Health Care Directives

Everyone over the age of 18 should have a health care directive. Medical providers will stop sharing information with parents once a child turns 18. A health care directive appoints a trusted agent to make health care decisions for you in the event you are unable to. Most people also appoint a back up agent in case the primary agent is unavailable. A health care directive contains the information that you feel your doctors and health care providers should know about your wishes. It also includes a HIPPA release allowing your agent to access your medical records.

Probate

We understand that not all family members take the steps necessary to avoid probate. When we say probate, we are referring to the probate court process. Some assets, like real estate, must go through the probate court process to title or sell the assets on behalf of the estate’s beneficiaries. Our firm helps personal representatives navigate the process when someone you love passes away and leaves behind an estate that must go through probate.

Business Succession Planning

When you own a small business, it is critical to identify what should happen to your ownership interest should you become disabled, get divorced, or pass away. In determining who will take over the family business, emotions can run high. Thorough planning and clear communications are key to a successful transition. Bradley Werner can help you develop a succession plan and create the necessary legal documents, such as operating agreements and buy-sell and employment agreements that fit the needs of your business and works with the dynamics of your family.

Family Cabins

Family cabins can be a source of great fun, but also headaches.

  • Who gets to use the cabin on 4th of July?
  • Who winterizes the cabin?
  • What happens if the college aged nephew has a party and the police are called?
  • Who changes/cleans the sheets?
  • Who gets the cabin when you pass?
  • How can you avoid having the state take the cabin if you or your spouse needs medical assistance?

Bradley Werner can help you develop a cabin trust, a family partnership, an LLC, or other family agreement depending on the needs of you and your family.

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