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Check a lawyer before you hire one. MN Lawyer Guide gathers public records and what Minnesota law firms publish, so you can build a shortlist and know what to ask. No lawyer pays to be listed. General information, not legal advice; not yet reviewed by a Minnesota attorney. Spot an error? rice.john.nextgenai@gmail.com

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Will or trust? The questions that matter

A will and a revocable trust do different jobs. Here is what Minnesota statutes say about each, and a list of questions to bring to an attorney that fits your situation.

Draft for human review. This was prepared by AI research and no person has reviewed it yet. Confirm anything important at the source.

General legal information, not legal advice and not a determination. It cannot tell you what applies to your family. Using it does not create an attorney-client relationship. Your answers are used in your browser only. Nothing is saved or sent anywhere.

Key takeaway

This page does not tell you which to choose

The right tool depends on facts only you and a lawyer can weigh: your family, your property, where it is, and what you worry about. What this page does is show what the law says on each point, so you know which questions to ask.

What controls each asset

Three ways property can pass at deathProperty can pass under a will, under a trust, or by title or beneficiary form such as a joint account or a transfer on death deed. A will and a trust are documents someone chooses to make. Title and beneficiary designations work whether or not a will exists, and a will does not change them.What controls each asset is the title or form on it, not only the plan on paper.Under a willProperty in the person'sname aloneGoes through probate(court-supervised or not)A will does not control the other twoUnder a trustProperty transferred tothe trustee in lifeor by will to a trustTrustee follows its termsOnly what is actually in the trustBy title or formJoint account withsurvivorshipTransfer on death deedNamed beneficiaryPasses whatever the will says
Sources: 524.6-204 (joint accounts), 507.071 (transfer on death deeds), 501C.0401 (creating a trust).

What the statutes say, side by side

Sourced points only. “Not covered” means we have not read a statute for it, not that the law is silent.
TopicWillRevocable trust
What makes it validSigned by the person and by at least two witnesses (§ 524.2-502).The settlor shows an intention to create it, among other requirements (§ 501C.0402). Can be created by transfer to a trustee, in life or by will (§ 501C.0401).
Capacity neededNot covered on this page.For a revocable trust, the same capacity as for a will (§ 501C.0601).
Changing it laterNot covered on this page. Ask.Revocable only if the trust terms say so expressly (§ 501C.0602).
While the person is aliveOperates only at death.While revocable, the trustee’s duties are owed to the person who made it (§ 501C.0604).
Guardian for a minor childA parent may appoint a guardian by will (§ 524.5-202).This section names a will or signed writing, not a trust. Ask how it is handled.
Specific items to named peopleA separate signed or handwritten writing, referred to in the will, can describe items (§ 524.2-513).Not covered on this page. Ask.
Real estatePasses through probate unless something else controls it.Passes under the trust only if it was transferred to the trustee. A transfer on death deed is a third path (§ 507.071).
Surviving spouse and the homeThe homestead descends free of a will the spouse has not consented to (§ 524.2-402).The same statute speaks of “testamentary or other disposition.” Ask how it applies.
Estate tax$3,000,000 exclusion for deaths in 2020 and after (§ 291.016).Same exclusion. Choice of document is not the tax question.

Your situation, as questions

Tick what applies. The list that appears is the set of questions people in that position usually need answered. Bring it to a consultation.

Tick anything that fits

Questions to raise with an attorney

Tick a situation on the left. The questions that matter for it appear here. They are questions, not recommendations.

In the statutes' own words

“Unless the terms of a trust expressly provide that the trust is revocable, the settlor may not revoke or amend the trust.”

Minn. Stat. § 501C.0602 (a), Revocation or amendment of revocable trust. Read the section. Read . Quoted in part.

“Sums remaining on deposit at the death of a party to a joint account belong to the surviving party or parties as against the estate of the decedent unless”

Minn. Stat. § 524.6-204 (a), (b), Right of survivorship (multiple-party accounts). Read the section. Read . Quoted in part.

Provenance

How this was made

Review status: AI research draft. No attorney has reviewed this page.

Date checked
Sources below were read on . Laws change, so check the date and read the current text.
Method
Each section was read on revisor.mn.gov. Quoted words are saved word for word and checked by a test. The table only states what those sections say. Everything else is phrased as a question.
Read for this page
Linked but not read

The Minnesota Judicial Branch site did not allow our automated check to open its pages. Nothing on this page relies on them. They are linked so you can read them, and a person needs to confirm what they say.

What we do not know
  • Costs, time and ongoing upkeep of a trust compared with a will. We have no sourced figures, so none are given.
  • How the statutes on will changes, trust funding and property outside probate apply to a particular family.
  • Tax rules beyond the Minnesota exclusion amount, including federal rules.
  • Whether each checklist question is the right one for you. A lawyer may ask different ones.
Corrections
Report a correction to rice.john.nextgenai@gmail.com. Please do not include details of your own legal situation.

This site offers general information, not legal advice. Using it does not create an attorney-client relationship. Please do not send us details of your legal situation.