Estate Planning and Probate FAQs

Have a legal question? Ask a MSBA attorney. MN Find a Lawyer can help. Below are some common questions asked of and answered by MSBA attorneys found in MN Find a Lawyer.

Not to be construed as legal advice. Nor create attorney-client relationship. For educational purposes only.

Estate Planning/Probate

  • What is the difference between a will and a trust?
  • My dad died 5 years ago and his name is still on the house with my mom. We want to sell it. Now what?
  • Tell me about probate. I've heard you never want anything to go into probate.
  • Do I need a will if I have my mom's power of attorney?
  • Why does everyone over 18 years old need a health care directive?
  • Who needs an estate plan or will?

  • How do I protect my assets from a nursing home?
  • Why can't I gift for medical assistance? The IRS says I can gift each year.
  • What controls - an estate plan (will and trust) or a beneficiary designation?
  • I just got divorced; do I need to update my estate plan?
  • What is the difference between a power of attorney and a personal representative?