Comprehensive estate planning and probate services for Southern
Minnesota families. Ensure your wishes are honored and your loved ones
are protected for generations to come.
Estate planning isn’t just for the wealthy, it’s for anyone who wants to protect their family and ensure their wishes are honored. At Birkholz Law, we help individuals and families across Southern Minnesota create comprehensive estate plans that provide confidence for today and security for tomorrow.
Our estate planning attorneys take the time to understand your family dynamics, financial situation, and long-term goals. We then craft personalized plans that address everything from asset distribution to healthcare decisions, guardianship for minor children, and strategies to minimize tax burdens.
We also guide families through the probate process with compassion and efficiency, helping to settle estates and resolve any disputes that may arise. Whether you need a simple will or a complex trust structure, our team has the expertise to protect what matters most to you.
Many people put off estate planning because they think it’s complicated or expensive. The truth is, the cost of not having a plan is far greater, both financially and emotionally, for the people you leave behind. We make the process straightforward, affordable and even enjoyable.
Without a will, Minnesota’s intestacy laws determine who receives your assets. Your spouse, children or other relatives may not receive what you intended.
If you have minor children and no will, the court decides who raises them. This may not be the person you would have chosen.
Without proper planning, your estate may face lengthy probate proceedings, court costs, and attorney fees that reduce what your family receives.
Without clear instructions, family members may disagree about your wishes, leading to costly and emotionally damaging legal battles.
Without powers of attorney and healthcare directives, your family may need to petition the court for guardianship or conservatorship if you become incapacitated.
Without tax planning, your estate may owe more in taxes than necessary, reducing the inheritance you leave to your loved ones.
We offer a full range of estate planning and probate services to protect your family and
preserve your legacy.
A will is the foundation of any estate plan. We help you create a clear, legally valid will that ensures your assets are distributed according to your wishes and that your minor children are cared for by guardians of your choosing. We also advise on pour-over wills that work in conjunction with trusts.
Trusts offer flexibility, privacy and control that wills alone cannot provide. We help you determine whether a revocable living trust, irrevocable trust, special needs trust, or other trust structure is right for your situation, and we draft them with precision to ensure they accomplish your goals.
A financial power of attorney allows someone you trust to manage your financial affairs if you become unable to do so. This critical document ensures your bills are paid, your investments are managed, and your financial interests are protected during incapacity.
A healthcare directive documents your healthcare wishes and designates someone to make medical decisions on your behalf if you cannot. This document provides clarity for your family during difficult times and ensures your medical preferences are honored.
When someone passes away, their estate typically goes through probate. We guide families through this process with compassion and efficiency, from filing the initial petition to final distribution of assets, ensuring proper administration and timely resolution.
For larger estates, tax planning is essential to preserving wealth for the next generation. We work with financial advisors to develop strategies that minimize estate taxes, gift taxes, and generation-skipping transfer taxes while achieving your legacy goals.
We make estate planning straightforward and stress-free. Here’s what to expect when you
work with us.
We discuss your family, assets, goals and concerns. We explain your options in plain language and recommend an approach for your situation.
We collect detailed information about your assets, debts, beneficiaries and family dynamics to ensure your plan is comprehensive.
We develop a customized estate plan that addresses your specific needs, from asset distribution to incapacity planning to tax minimization.
We prepare all necessary legal documents with precision and care, ensuring they comply with Minnesota law and accomplish your goals.
We review every document with you in detail, answer your questions, and ensure proper execution with all required witnesses and notarization.
Life changes, marriages, births, divorces, moves and financial changes may require updates to your plan. We’re here when you need us.
Minnesota estate planning is governed primarily by the Minnesota Uniform Probate Code (Minn. Stat. Chapter 524) and the Minnesota Trust Code (Minn. Stat. Chapter 501C). These comprehensive statutes provide the framework for wills, trusts, probate administration, and related matters.
Under Minn. Stat. \u00a7 524.2-502, a valid will in Minnesota must be in writing, signed by the testator (or by someone at the testator’s direction and in the testator’s presence), and signed by at least two witnesses. Minnesota does not recognize holographic (handwritten, unwitnessed) wills. Self-proving affidavits under Minn. Stat. \u00a7 524.2-504 can simplify the probate process by eliminating the need for witness testimony.
Minnesota imposes a state estate tax on estates exceeding $3 million in value (as of 2024), separate from the federal estate tax. The Minnesota estate tax rates range from 13% to 16%, making tax planning particularly important for estates near or above this threshold. Proper planning with trusts, gifting strategies, and other tools can significantly reduce or eliminate the state estate tax burden.
The Minnesota Trust Code, enacted in 2015, modernized trust law in the state and introduced important provisions including the ability to create trusts lasting up to 500 years (Minn. Stat. \u00a7 501C.0409), directed trusts that separate investment and distribution responsibilities (Minn. Stat. \u00a7 501C.0808), and enhanced trust modification and termination procedures.
Healthcare directives in Minnesota are governed by Minn. Stat. \u00a7 145C, which allows individuals to document their healthcare wishes and appoint a healthcare agent. Minnesota also recognizes durable powers of attorney under Minn. Stat. \u00a7 523.07, which allow individuals to appoint someone to manage their financial affairs during incapacity.
Uniform Probate Code
Minnesota Trust Code
Will execution requirements
Small estate affidavit ($75,000 threshold)
500-year trust duration rule
Transfer-on-Death Deeds
Healthcare directives
Durable powers of attorney
Elective share for surviving spouse
Minnesota estate tax
Under Minn. Stat. \u00a7 524.2-102, if you die without a will in Minnesota, your assets are distributed according to a statutory formula. If you have a surviving spouse and no descendants (or all descendants are also descendants of the surviving spouse), your spouse receives the entire estate. If you have descendants who are not descendants of the surviving spouse, the spouse receives the first $225,000 plus one-half of the balance. Understanding these default rules underscores the importance of having a will.
Yes. Without an estate plan, Minnesota law determines who receives your assets, who makes medical decisions for you and who raises your children. An estate plan ensures your wishes are honored and your family is protected, regardless of the size of your estate.
A will takes effect after death and must go through probate. A trust can take effect during your lifetime, avoids probate, provides privacy, and offers more control over how and when assets are distributed. Many estate plans include both.
We recommend reviewing your estate plan every 3-5 years or whenever you experience a major life event, marriage, divorce, birth of a child, death of a beneficiary, significant change in assets or a move to a different state.
Probate is the court-supervised process of validating a will, paying debts and distributing assets. In Minnesota, probate can take 6-12 months or longer for complex estates. Proper estate planning can minimize or avoid probate entirely.
The cost depends on the complexity of your plan. A basic will package is very affordable, while our approach with trusts cost more but provide significantly greater protection. We discuss fees upfront during your initial consultation so there are no surprises.
A healthcare directive (also called a living will) documents your wishes regarding medical treatment if you become unable to communicate. It also designates a healthcare agent to make decisions on your behalf. Every adult over 18 should have one.
Don’t leave your family’s future to chance. Contact Birkholz Law
today to start building an estate plan that protects what matters
most.
Award-winning law firm serving Southern Minnesota for over 50 years. Dedicated to protecting your freedom, rights and family.
121 St. Andrews Court Mankato, MN 56001
209 Armstrong Blvd South St. James, MN 56081
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