Estate Planning in Minnesota
Whether you're creating your first will, updating a plan after a major life change, or protecting assets for your family — you'll find clear guidance here from a licensed Minnesota attorney.
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Why Estate Planning Matters in Minnesota
Estate planning is one of the most important steps you can take for your family’s future. In Minnesota, specific state laws affect how your estate is handled — from a $3 million state estate tax exemption (far lower than the federal threshold) to unique tools like Transfer on Death Deeds that can help your family avoid probate.
Whether you are just starting to think about a will or need to update an existing plan, these resources will help you understand your options.
Why Minnesota Estate Planning Is Different
Minnesota has several unique features that make estate planning here distinct from other states:
- Lower estate tax threshold — Minnesota taxes estates over $3 million, while the federal exemption is $13.61 million. Many families do not realize they may owe state estate tax.
- No portability — Unlike the federal exemption, a surviving spouse cannot use their deceased spouse’s unused Minnesota estate tax exemption.
- Transfer on Death Deeds — Minnesota is one of the states that allows property owners to transfer real estate at death without probate, using a simple recorded deed.
- 2025 trust law changes — Recent legislation allows dynasty trusts lasting up to 500 years, simplified trust decanting, and new rules for uneconomical trusts under $150,000.
- Electronic wills — Since August 2023, Minnesota recognizes electronically signed and witnessed wills.
Understanding these distinctions is essential to creating an estate plan that actually works for your family.
“Aaron is a fantastic and personable attorney with a unique gift of simplifying matters into understandable terms for his clients.” — Bryan B.
Where to Start
Common Concerns
- The Probate Process — What happens after someone passes — timelines, costs, and what to expect.
- How to Avoid Probate — Practical strategies for keeping your estate out of probate court.
- Power of Attorney — Financial and healthcare decision-making authority under Minnesota law.
- Healthcare Directives — Living wills and healthcare agents — making your wishes known.
- Minnesota Estate Tax — Understanding the $3M threshold, exemptions, and planning strategies.
- Minnesota Inheritance Laws — Intestate succession, spousal protections, and how assets pass without a will.
- When to Update Your Plan — Life events and legal changes that should trigger a review.
Advanced Planning
- Revocable Living Trusts — How living trusts work and why they are popular in Minnesota estate plans.
- Irrevocable Trusts — Asset protection, tax planning, and Medicaid planning strategies.
- High Net Worth Planning — Advanced strategies for estates above Minnesota’s $3M tax threshold.
- Charitable Trusts — CRTs, CLTs, and donor-advised funds for tax-efficient giving.
- Estate Planning for Business Owners — Succession planning, buy-sell agreements, and protecting your business.
- Family Cabin Planning — Keeping the lake cabin in the family — LLCs, trusts, and practical strategies.
- Transfer on Death Deeds — A Minnesota-specific tool to transfer real property without probate.
- Digital Estate Planning — Protecting digital assets, cryptocurrency, and online accounts.
- Minnesota Estate Planning Laws — Key state statutes, tax thresholds, and recent changes that affect your plan.
Life Situations
- Blended Families — Protecting both your spouse and children from prior marriages.
- After Divorce — Updating your estate plan after a marriage ends — what Minnesota law does and does not do.
- Farmers & Agricultural Estates — Farm succession, ag exemptions, and balancing farming and non-farming heirs.
- Guardianship & Conservatorship — Court-appointed decision-making and how estate planning can prevent it.
- Special Needs Trusts — Providing for a loved one with disabilities without jeopardizing benefits.
- Pet Trusts — Legal arrangements for the care of your animals after you are gone.