Estate Planning And Probate Services To Protect Your Family

Last updated on April 10, 2025

Who will get your property after you die? What will happen to your children? Estate planning is a way to answer these questions and take care of your loved ones when you are no longer able to.

At Ed Shaw Law, we help provide estate planning services to individuals and families at all stages of their lives. The attorneys at our firm have over 50 years of combined legal experience handling estate planning for the Brainerd Lakes area so you can feel assured that your requests will be heard and your estate is in good hands.

What Goes Into An Estate Plan?

Your estate planning needs are as unique as you are and can change as life does. An estate plan may be as simple as a basic will, or you may wish to include a trust or advance medical directives and powers of attorney.

The goals of estate planning include directing disposition of your property at death, minimizing taxes and costs, simplifying the administration of your estate, and creating certainty for your loved ones.

Compassionate Guidance Through The Probate Process

We also help family members navigate the probate process after the death of a loved one. During this difficult time, it is important to have someone who can handle things for you so that you can focus on you and your family.

Ed Shaw will personally handle your probate questions with compassion and respect. He will meet with you to explain the entire probate process and answer all questions that you may have. All necessary documents will be prepared and filed for you, making the legal process as easy as possible.

Answers To Commonly Asked Questions About Estate Planning And Probate

At Ed Shaw Law, we regularly receive questions from potential clients who need to create an estate plan, as well as families wanting to know more about the probate process. Below, we’ve answered some of the most common questions we receive. After reading, we invite you to ask us your own questions during a free consultation.

Why is estate planning necessary, and what happens if I don’t have a will?

No matter how large or small your estate may be, you have worked hard to earn those assets. You should get to decide what happens to them when you are no longer around to enjoy them. This is largely accomplished by creating a will, which lists your intended heirs and the property left to each.

Dying without a will is known as dying “intestate.” Since you didn’t specify otherwise, your property will be distributed according to Minnesota’s intestate succession laws. The best way to ensure that you get to choose what happens to your assets is to create a clear, thorough and legally sound will.

Additionally, estate planning is about more than just what happens to your possessions. You can use estate planning documents to specify your wishes for end-of-life medical care, appoint a trusted person as your power of attorney if you ever become incapacitated, and even name guardians for your minor children if you were to pass away suddenly and unexpectedly.

What is probate, and what kind of work does it involve?

Probate is the legal process of “proving” a will (determining its validity) and managing the property of the estate based on whether the will is deemed valid. The work of overseeing the distribution of assets and other tasks is the responsibility of the personal representative (sometimes called the executor).

The personal representative has a long list of to-do items, including:

• Making a public notification of probate so that estate creditors can pursue claims
• Identifying and locating all named heirs and beneficiaries
• Gathering and inventorying all estate assets
• Settling estate debts, paying expenses and filing an estate tax return
• Distributing assets to named heirs in accordance with the will

This would be a big responsibility even under ideal circumstances. But it can be especially overwhelming while trying to mourn the death of a loved one. Thankfully, you don’t need to do it alone. Our attorneys can handle most of the work for you, leaving you free to focus on taking care of yourself and your family.

Is probate required in Minnesota? Can it be avoided?

There are two types of probate in Minnesota: informal (which requires little court supervision) and formal (which requires more court supervision). Most estates in Minnesota will need to go through one of those processes.

Informal probate is appropriate in cases where there are essentially no disputes about the will or disputes between heirs, no real estate owned solely by the decedent and no other complicating factors. If there are provisions that need to be clarified, disputes that arise or other complications, formal probate may be necessary.

Probate can be avoided (at least in large part) through careful estate planning. Anything jointly owned (like a marital residence) will be transferred to the surviving owner. You can also use transfer-on-death or payable-on-death designations to pass along real estate, vehicles, bank accounts and more.

How will I know which estate planning tools and documents I need?

The best and easiest way to learn about the right estate plan for you is to discuss your options with us during a free consultation. You just talk to us about your needs and goals, and we can help you identify and create the documents/instruments to meet them. Creating a high-quality estate plan is often faster, easier and less expensive than many people assume.

Call Us To Discuss Your Estate Planning Or Probate Questions

To talk to a lawyer about starting or changing your will or estate plan, or for guidance during the probate process, please call us at 218-520-0325. You may also send us a message online, and we’ll get back to you promptly.

We offer consultations and affordable rates. We offer affordable fees and accept all major credit cards, Visa, MC, Discover, and AMEX. 10% Discounts offered to all Military/Veteran, HealthCare Workers and Teachers. This offer may not be combined with any other discounts and is good only on date of hire. Discount is not retroactive. We have offices in both Brainerd and St. Cloud for your convenience, and work with clients throughout the surrounding areas of Minnesota.