Tool
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
What the statutes say, side by side
| Topic | Will | Revocable trust |
|---|---|---|
| What makes it valid | Signed 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 needed | Not covered on this page. | For a revocable trust, the same capacity as for a will (§ 501C.0601). |
| Changing it later | Not covered on this page. Ask. | Revocable only if the trust terms say so expressly (§ 501C.0602). |
| While the person is alive | Operates only at death. | While revocable, the trustee’s duties are owed to the person who made it (§ 501C.0604). |
| Guardian for a minor child | A 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 people | A separate signed or handwritten writing, referred to in the will, can describe items (§ 524.2-513). | Not covered on this page. Ask. |
| Real estate | Passes 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 home | The 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.
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.”
“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”
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
- Minn. Stat. § 524.2-502, Execution; witnessed wills
- Minn. Stat. § 524.2-513, Separate writing identifying bequest of tangible property
- Minn. Stat. § 524.2-402, Descent of homestead
- Minn. Stat. § 524.2-102, Share of the spouse
- Minn. Stat. § 524.5-202, Parental appointment of guardian
- Minn. Stat. § 524.6-204, Right of survivorship (multiple-party accounts)
- Minn. Stat. § 507.071, Transfer on death deeds
- Minn. Stat. § 501C.0401, Methods of creating trust
- Minn. Stat. § 501C.0402, Requirements for creation
- Minn. Stat. § 501C.0601, Capacity of settlor of revocable trust
- Minn. Stat. § 501C.0602, Revocation or amendment of revocable trust
- Minn. Stat. § 501C.0604, Settlor's powers
- Minn. Stat. § 291.016, Minnesota taxable estate
- 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.