5 Common Estate Planning Mistakes Minnesotans Make
Christopher Davis • March 12, 2026
Estate planning can feel overwhelming—but avoiding a few key missteps can make all the difference for your family. Whether you're just starting out or revisiting your documents after years, here are five of the most common estate planning mistakes we see in Rochester and surrounding communities—and how to avoid them.
- Not Having an Estate Plan at All
This is by far the most common issue. If you die without a plan, Minnesota law decides who gets what—and it may not align with your wishes. Stepchildren, unmarried partners, friends, and charities may be left out entirely. A simple estate plan can make sure your voice is heard, even after you're gone. - Forgetting to Name or Update Beneficiaries
Some assets—like life insurance or retirement accounts—pass outside of a will. That means the names on those accounts matter. We’ve seen people unintentionally leave assets to ex-spouses or miss out on naming their kids altogether. When we create wills, trusts, and beneficiary designations, we help ensure everything is aligned. - Choosing the Wrong People to Make Decisions
Your personal representative, trustee, and power of attorney should be people you trust to carry out your wishes—both responsibly and without drama. Choosing someone just because they’re family isn’t always the best call. We walk clients through how to name decision-makers in powers of attorney and healthcare directives that actually fit their lives. - Not Planning for Incapacity
Estate planning isn’t just about what happens after death—it’s also about what happens if you’re still alive but unable to manage your affairs. Without a power of attorney or healthcare directive, your family could face court involvement just to make medical or financial decisions. That’s avoidable with the right planning. - Letting Your Plan Collect Dust
Life changes fast—marriage, divorce, kids, a move, retirement. If your plan hasn’t been reviewed in years, there’s a good chance it no longer reflects your life. We recommend updating your estate plan every 3 to 5 years or after major life events
Mistakes are common, but they’re also easy to fix with the right guidance. We help individuals and families in Cannon Falls, Wabasha, Zumbrota, and Rochester
create estate plans that work—and avoid surprises later.
If you have a child or loved one with a disability, you may be wondering how to provide for them financially without putting their public benefits at risk. That’s where a special needs trust comes in. In Minnesota, a special needs trust (also called a supplemental needs trust) allows you to set aside money for someone with a disability without disqualifying them from essential programs like SSI or Medicaid. These trusts are carefully designed to cover “extras” that improve quality of life—things like education, travel, therapies, and assistive devices—without replacing government benefits. There are different types of special needs trusts depending on where the money comes from. A third-party special needs trust is funded by someone other than the person with the disability—typically a parent or grandparent. A first-party trust , on the other hand, is funded with the disabled person’s own assets, often from an inheritance or legal settlement. Both require specific language and must follow federal and Minnesota rules to remain valid. Setting up the trust involves choosing a trustee (the person who will manage the funds), clearly defining how the money can be used, and making sure it’s coordinated with your broader estate plan . If the trust is part of your will, it’s critical that your documents are consistent. We often work with families in Rochester, Lake City, and Cannon Falls to make sure everything lines up correctly. You’ll also want to consider naming backup trustees and making plans for what happens if your family’s needs change down the line. A well-drafted special needs trust gives you flexibility, protects your loved one’s eligibility for benefits, and gives everyone involved greater peace of mind. We help parents and caregivers throughout Southeastern Minnesota create special needs plans that actually work—not just on paper, but in real life.
A healthcare directive is one of the most important estate planning documents you can have—regardless of your age or health status. In Minnesota, a healthcare directive lets you make your medical wishes known in advance and appoint someone you trust to speak for you if you can't speak for yourself. So what exactly does it cover? First, it gives you the ability to spell out your preferences for treatment. That includes choices about life support, organ donation, pain management, and end-of-life care. If you have strong feelings about resuscitation, feeding tubes, or being kept alive on machines, a healthcare directive allows you to put those instructions in writing. Second, you can name a “healthcare agent”—someone who can make decisions on your behalf if you're unconscious or otherwise unable to communicate. In Minnesota, this person doesn't have to be a family member. It just needs to be someone you trust to follow your wishes and advocate for you in a medical setting. Your healthcare directive can also include values or personal statements. For example, some people want their loved ones to prioritize comfort over aggressive treatment. Others want spiritual or religious beliefs reflected in their care. By including these details, you're helping your family and doctors understand what matters most to you. We often help clients in Rochester, Red Wing, and Zumbrota create healthcare directives that comply with Minnesota law and reflect their personal values. Whether you're a working professional, recent retiree, or simply want peace of mind for your family, it's a key part of a complete estate plan . And unlike a will or trust, a healthcare directive goes into effect while you're still alive—so it's critical to get it right. If you haven't created one yet—or it's been years since you looked at yours— we can help you draft or update a document that works with your overall estate planning goals.
Being named the executor (also called the “personal representative”) of someone’s will is an honor—but it can also feel like a heavy responsibility. You’re not just carrying out final wishes; you’re navigating a legal process that comes with deadlines, paperwork, and the need to make calm, informed decisions during a difficult time. If you’ve been named executor of a will in Minnesota, here’s what you can expect and how to get started. Understand Your Legal Role As executor, your job is to handle the deceased person’s estate. That includes locating and valuing assets, notifying heirs, paying debts, filing tax returns, and distributing what’s left according to the will. In Minnesota, most estates must go through probate , which is a court-supervised process. Some estates qualify for simplified procedures—but many require formal filings and strict timelines. Locate the Will and Important Documents Before anything else, you’ll need to locate the original will, along with documents like deeds, account statements, insurance policies, and lists of debts. If you can’t find them, the process becomes more complicated. We help clients in Rochester, Red Wing, and Wabasha organize what’s needed and make sure the court gets what it requires. Open the Probate Case To get legal authority, you’ll need to file paperwork with the county probate court. Once approved, the court will issue “letters testamentary” that allow you to act on behalf of the estate. This step often overwhelms first-time executors, especially if they’re juggling grief and out-of-town travel. That’s why many people work with an attorney experienced in Minnesota probate & estate administration . Notify Heirs & Creditors Minnesota law requires you to notify certain people and institutions—including heirs, beneficiaries, and creditors. You’ll also publish a legal notice in a local newspaper. Missing someone or doing it late can delay the process, so it’s important to keep track of deadlines. Handle Assets & Debts Properly You’ll need to create an inventory of the estate’s assets, determine which debts are valid, and pay bills using estate funds. Some things—like selling a house or managing a small business—can take time. We help clients avoid personal liability by making sure everything is done by the book. Distribute What’s Left According to the Will After debts are paid and taxes are filed, you’ll distribute the remaining assets to the people or organizations named in the will. You may also need to file a final account with the court. If disputes arise among family members, we can help mediate solutions before things escalate. If you've recently been named an executor, don’t try to figure it all out on your own. We work with personal representatives across Southeastern Minnesota to guide them through the process step by step .