A Simple Will allows you to spell out where your property and possessions go. By creating a Simple Will, you can make certain your family is protected and your wishes for your estate are carried out.
Our simple will system was created to be an easy to use and cost effective estate planning tool for individuals under 50 years old, who do not expect to leave assets valuable enough to be subject to estate taxes (see Disclaimer). So if you are relatively young and healthy and do not have a lot of assets, your goal right now should be to take the initial steps in making legal arrangements for the statistically unlikely event that you will die suddenly and unexpectedly. As you grow older and acquire more property, you will want to engage in a more sophisticated estate plan.
So, if you are ready to begin drafting your Minnesota Simple Will please follow these easy instructions:
- Verify that your a Minnesota resident. (By clicking the start button below)
- Register for a simple will account by completing the Simple Will Account form.
- Upon form completion, please allow 1-2 business days for Virtus Law staff to create a secure account for you (hosted by Intake 123). Once your account has been created, you will receive an email with additional information regarding your account.
- Login to your account and complete the simple will questionnaire/form via Intake 123. You may save your answers and return at a later time to finalize your responses.
- Once your questionnaire is complete, one of our experienced estate planning attorneys will draft your will according to your wishes. Once finalized, our office will contact you to set up a closing date with a member of our estate planning department, who will assist you with properly executing your will.
Our simple will system is primarily designed to accommodate individuals or married couples who do not expect to leave more than $250,000 in life insurance proceeds and other assets.
Simple wills may be appropriate if you have only one heir, that heir will also be in charge of administering the estate and the amount of the proceeds to be left will not be enough to fundamentally alter their lifestyle. A simple will provides for outright, lump-sum distributions. It does not contemplate multiple distributions over time, access to funds for specific events or to encourage desirable behavior. Nor does it cover complex estate and tax planning.
If you and your spouse have signed a pre-nuptial or post-nuptial agreement, we do not recommend you use our simple will system. Marital agreements are often complex and depending on the language, may override a will. If you have a marital agreement and wish to create a will, please contact one of our estate planning attorneys.
Some individuals or couples need more complex planning that may require assistance beyond what is available with a simple will. Simple wills do not dispose of assets that are held in joint tenancy, have a pay on death directive or transfer on death provision, or beneficiary designations for retirement accounts, 401(k) plans and annuities. It is also likely not appropriate if you have an heir with special needs.
It is possible for your estate to be subject to inheritance tax on your death and the amount of such tax charged against your estate will depend on the nature of the provisions contained in your will. Inheritance and estate tax advice and planning is not a part of our simple will system.
If you believe that your estate (total assets plus the amount paid out on any life insurance) may exceed $250,000 we encourage you to call and speak with one of our experienced estate planning attorneys.