Minnesota Wills

Minnesota Legal Documents

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A will or testament is a legal declaration by which a person, the testator, names one or more persons to manage his/her estate and provides for the transfer of his/her property at death. For the devolution of property not disposed of by will, see inheritance and intestacy.

In the strictest sense, a “will” has historically been limited to real property while “testament” applies only to dispositions of personal property (thus giving rise to the popular title of the document as “Last Will and Testament”), though this distinction is seldom observed today. A will may also create a testamentary trust that is effective only after the death of the testator.

Any person over the age of majority and of sound mind (having appropriate mental capacity) can draft his or her own will with or without the aid of a lawyer. Additional requirements may vary, depending on the jurisdiction, but generally include the following requirements:

The testator must clearly identify himself or herself as the maker of the will, and that a will is being made; this is commonly called “publication” of the will, and is typically satisfied by the words “last will and testament” on the face of the document.

The testator should declare that he or she revokes all previous wills and codicils. Otherwise, a subsequent will revokes earlier wills and codicils only to the extent to which they are inconsistent. However, if a subsequent will is completely inconsistent with an earlier one, the earlier will is considered completely revoked by implication.

The testator may demonstrate that he or she has the capacity to dispose of his or her property (“sound mind”), and does so freely and willingly.

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The testator must sign and date the will, usually in the presence of at least two disinterested witnesses (persons who are not beneficiaries). There may be extra witnesses, these are called “supernumerary” witnesses, if there is a question as to an interested-party conflict. Some jurisdictions, notably Pennsylvania, have long abolished any requirement for witnesses. In the United States, Louisiana requires both attestation by two witnesses as well as notarization by a notary public. “Holographic” or handwritten wills generally require no witnesses to be valid.

If witnesses are designated to receive property under the will they are witnesses to, this has the effect, in many jurisdictions, of either (i) disallowing them to receive under the will, or (ii) invalidating their status as a witness. In a growing number of states in the United States, however, an interested party is only an improper witness as to the clauses that benefit him or her (for instance, in Illinois).

The testator’s signature must be placed at the end of the will. If this is not observed, any text following the signature will be ignored, or the entire will may be invalidated if what comes after the signature is so material that ignoring it would defeat the testator’s intentions.

One or more beneficiaries (devisees, legatees) must generally be clearly stated in the text, but some jurisdictions allow a valid will that merely revokes a previous will, revokes a disposition in a previous will, or names an executor.

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Minnesota legal documents

Following the visits of several French explorers, fur traders, and missionaries, including Jacques Marquette, Louis Joliet, and Robert Cavelier, Sieur de la Salle, the region was claimed for Louis XIV by Daniel Greysolon, Sieur Duluth, in 1679.

The U.S. acquired eastern Minnesota from Great Britain after the Revolutionary War and 20 years later bought the western part from France in the Louisiana Purchase of 1803. Much of the region was explored by U.S. Army lieutenant Zebulon M. Pike before the northern strip of Minnesota bordering Canada was ceded by Britain in 1818.

The state is rich in natural resources. A few square miles of land in the north in the Mesabi, Cuyuna, and Vermilion ranges produce more than 75% of the nation’s iron ore. The state’s farms rank high in yields of corn, wheat, rye, alfalfa, and sugar beets. Other leading farm products include butter, eggs, milk, potatoes, green peas, barley, soybeans, oats, and livestock.

Minnesota’s factories produce nonelectrical machinery, fabricated metals, flour-mill products, plastics, electronic computers, scientific instruments, and processed foods. The state is also a leader in the printing and paper-products industries.

Minneapolis is the trade center of the Midwest, and the headquarters of the world’s largest super-computer and grain distributor. St. Paul is the nation’s biggest publisher of calendars and law books. These “twin cities” are the nation’s third-largest trucking center. Duluth has the nation’s largest inland harbor and now handles a significant amount of foreign trade. Rochester is home to the Mayo Clinic, a world-famous medical center.

Tourism is a major revenue producer in Minnesota, with arts, fishing, hunting, water sports, and winter sports bringing in millions of visitors each year.

Among the most popular attractions are the St. Paul Winter Carnival; the Tyrone Guthrie Theatre, the Institute of Arts, Walker Art Center, and Minnehaha Park, in Minneapolis; Boundary Waters Canoe Area; Voyageurs National Park; North Shore Drive; the Minnesota Zoological Gardens; and the state’s more than 10,000 lakes.

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