How Much Does A Will Cost?

I get that question a lot.

"What are your fees for making a Will?"

It depends.

I realize that's probably not the answer you were hoping for and I'm not trying to be evasive. But with anything that's so very personalized and fact-dependent, as is the case with estate planning legal services, the answer is never cut and dried.

Consider this: If you were to call a building contractor and ask them right off the bat how much they would charge to do a bathroom remodeling job, what do you think would they say? They would tell you they need to visit your home and find out a lot more about the nature of your intended project--what it is you want, what materials and fixtures to be used, how you want the job done and the time frame required. They would need to size things up before producing a quotation.

And so it is with estate planning legal services. Until I have had the time to talk with the prospective client, to learn about their family, their estate assets, find out their needs, their values, and of course their objectives, I couldn't possibly give out a number. I believe it would be a great disservice to apply a one-size-fits-all pricing structure to all potential clients.

Sometimes, the request for quotation is the first question a prospective client asks. It's often a sign that someone is just shopping around for the best deal. I'm not the cheapest practitioner in town (nor do I want to be), but I'm also far from the most expensive. If price is your only criteria, that's your prerogative. You may well find low-cost representation elsewhere. Google is your friend. There are even DIY options, if you feel like tempting fate.

Nevertheless, it is an attorney's responsibility to be transparent when it comes to representation of a potential client and the fees associated with that representation. Here's how the process begins once you reach out to me.

To find out if we are a good match I can offer you a free, initial screening conference, which usually takes 30 to 60 minutes on the phone. Prior to the initial screening conference, I will send out a questionnaire for you to fill out and return. This helps me better understand your situation. 

Toward the end of the conference, when I have a good understanding of your situation and your objectives, I will give you a quote of my flat fees for the legal representation you seek, and the terms of payment should you decide to engage my services. You get a clear answer to your cost question before you need to make a decision. There is no obligation, no pressure, and you can walk away if you wish.

I strive to provide solid, competent estate planning legal services that meet the needs of my clients, and to do so at a fair and reasonable cost.

Objectives A Good Estate Planning Attorney Should Aim For...

...And a prospective client should consider:

• Maximize the value of assets for the next generation.
• Minimize taxes and expenses.
• Avoid probate, if possible (or desired).
• Plan for incapacity issues.
• Design a plan that helps limit family conflict.
• Give the client peace of mind.

These are a few goals to reflect on when evaluating a practitioner. Discussing your estate planning needs with a qualified attorney and asking good questions can help you make the best choices for your loved ones' future.

Danger On The Horizon: Grounds For Contesting A Will.

Despite the best intentions of a person leaving their estate in a Will, sometimes there's a beneficiary who just doesn't like the deal they're getting. The unhappy person may have felt entitled to a larger share of the estate, or perhaps the individual was left out entirely (disinherited).

This can give rise to a challenge ("Will contest") by the disgruntled person to have the Will invalidated by the probate court. If you think only multi-million dollar estates are contested, think again. Many Will contests are litigated over very modest estates.

Who can contest a Will?

Under Minnesota law, there are only two categories of persons who have standing to contest a Will in court:

1. Anyone named in the Will, including persons named as being disinherited.
2. Any individual who would have been an heir if the decedent had died without a Will (intestate).

No one else can contest a Will. The Will contest must be filed within one year after the testator's death.

There are certain legitimate grounds for contesting a Will, given proof. 

The most common grounds involve claims that:

• The testator lacked testamentary capacity when making the Will. The testator had diminished capacity or was not of sound mind at the time the Will was executed, did not appreciate the nature of his or her estate, and was unable to comprehend the full consequences of executing the Will.
• The Will was made by the testator while under undue influence or duress. This may include influence exerted by a person having a "confidential relationship" with the testator; a person of trust, such as a family member who convinced the testator to change the Will; a caregiver threatening to withhold care unless the testator agrees to modify the Will; or a person taking advantage of a testator with diminished capacity.
• The Will was made fraudulently. This may involve forged signatures, or inserted pages with altered terms.
• The Will does not comply with Minnesota law. The Will was improperly executed, with missing signatures or witness attestations, or dates that do not match up. Another example involves online DIY Wills, drafted by someone not fully understanding the nuances of estate planning law in Minnesota.
• A more recent Will has been discovered. Someone submits a Will purportedly executed by the testator on a date later than that of the Will being probated.

Will contests are often lengthy and expensive. A Will contest can drag on for months or perhaps years, and cases of an estate's assets being substantially depleted during the legal defense against a contest are not uncommon. Even if the personal representative of the estate ultimately prevails in court in defending the Will against the challenge, the damage is done. Time and money are gone, and there are no winners in such a situation.

Minimize the risk of a successful Will contest.

No Will is infallible, and there's no guarantee that someone won't contest it. Nevertheless, the probate court will try to do everything it can to uphold a Will if the document has been well-drafted and executed properly. A well-designed Will should be robust enough to give the probate court adequate guidance in following your wishes for the distribution of your assets. If your Will is crafted by a competent Minnesota estate planning attorney, you will have more confidence knowing that the document meets the legal requirements, is designed to reflect your wishes for your loved ones, and will help the court honor your true wishes. 

Using some online DIY Will is a crapshoot. Why gamble with your hard-earned estate assets and the future of your loved ones just to save a little money on your estate plan?

Transfer On Death Designations For Motor Vehicles.

Until just a few years ago, vehicles were always considered probate assets in Minnesota. But in 2017, Minnesota statutes provided for a transfer on death (TOD) designation on a vehicle title. This is easily accomplished by submitting a completed Form PS2004 to the Minnesota DVS, along with your original motor vehicle title.

This TOD provision allows the owner or owners to transfer a motor vehicle to a beneficiary after the death of all owners, in much the same way a TODD conveys real property after death. The beneficiary has no property interest in the motor vehicle until the death of the owner (or last owner in the case of joint ownership). This TOD provision allows the vehicle to pass to a loved one without it being subject to probate. For a decedent who owns valuable automobiles, this can help avoid the probate process by keeping the probate estate value under $75,000.

The TOD does not prevent an owner from selling or otherwise transferring your vehicle while they are alive. It simply provides for a beneficiary to receive the vehicle if it is still in the estate after the owner's death. Keep in mind that the beneficiary receives the vehicle subject to the rights of any secured interests, such as lenders.

But there's one catch to this: While the statute allows for transfer to "a beneficiary or beneficiaries," the PS2004 form allows for naming only one individual beneficiary. This appears to be a glaring oversight, and I'm not sure why the form does not reflect the statute's intent to provide for multiple beneficiaries. However, the form does allow the vehicle to be transferred to an entity, so if you wish to give it to multiple beneficiaries, a trust or business entity could be the named beneficiary.

For watercraft, the process is similar, but this requires an application with the Minnesota DNR. As is the case with motor vehicles, the DNR TOD form also includes the unfortunate limitation of only one person as beneficiary, despite the statute's language providing for "beneficiary or beneficiaries."

Aircraft are a unique issue, as this involves FAA registration and recording processes, which can be quite complex. If you own aircraft, it would be wise to seek the counsel of an attorney with experience in aviation matters.

Motor vehicles and watercraft are significant assets in one's estate. Nevertheless, setting up TOD designations for vehicles is not a substitute for having a valid Will. Talk to a qualified estate planning attorney and set a plan in motion to protect those assets for your loved ones.