What Happens If You Die Without a Will in Minnesota?

Christopher Davis • December 9, 2025

Most people don’t like to think about death, let alone what might happen if they pass away without a will. But understanding the consequences now can help you make sure your family isn’t left dealing with stress, confusion, or legal hurdles later.


If you die without a valid will in Minnesota, the law decides who inherits your assets. This is called dying “intestate.” The Minnesota intestate succession laws determine which relatives receive what—regardless of your personal wishes or family dynamics. Your estate will follow the Table of Minnesota Heirship.


Typically, if you're married, with or without children, your spouse gets your estate. If you’re unmarried, your assets go to your children, if you have any. If you don’t have kids, it might go to your parents, grandparents, siblings, nieces, or nephews. But the system doesn’t account for stepchildren, long-term partners, friends, or charities. A will gives you the opportunity to direct assets to the beneficiaries of your choosing, like leaving a bequest to a godchild.


Even worse, not having a will means the court must appoint someone to manage your estate without knowing your wishes—a process that can delay asset distribution and create tension among surviving family members. Having a will lets you have a say in who handles your affairs (you get to select your preferred personal representative) and ensures they’re someone you trust.

There are also real-world complications. Maybe you’ve remarried, but want your children from a previous relationship to inherit something specific. Maybe you and your partner aren’t legally married, but you’ve built a life together. In both cases, failing to have a will could mean your wishes aren’t honored—and your loved ones may be left out entirely.


In Minnesota, a basic will doesn’t have to be complex or expensive. What matters is that it’s properly drafted, signed, and stored where it can be found. We help families across Rochester, Cannon Falls, and Wabasha put simple plans in place that make a big difference during a difficult time.


If you’re not sure where to begin, contact our team. We’ll walk you through what you need to cover and help you get it done.

Older couple smiles while looking at a photo album together indoors.

How Often Should You Update Your Estate Plan in Minnesota?

By Christopher Davis • January 12, 2026
Creating an estate plan is a smart move—but it’s not a one-and-done task. Life changes, and so should your legal documents. One of the most common mistakes people make is forgetting to review their estate plan after major events. Here’s how often you should revisit your plan and what triggers a review in Minnesota. As a general rule, you should review your plan every 3 to 5 years, even if nothing dramatic has changed. Laws can shift, tax rules evolve, and your financial situation may be different than it was when you first created your documents. But there are certain events that call for an immediate update, no matter when your plan was last reviewed. Marriage, divorce, or the birth of a child are some of the biggest triggers. If you’ve gotten married or remarried, you may want to update your will or trust to reflect your new spouse. If you’ve divorced, it’s essential to remove an ex from any inheritance or decision-making role. If you’ve welcomed a child or grandchild into your life, you may want to name them as a beneficiary or identify a legal guardian. Other key moments include buying or selling property, changing jobs or retiring, or receiving an inheritance. If you’ve moved across state lines—say, from Wisconsin to Minnesota—it’s also smart to review your plan, since laws differ. We often help clients who’ve relocated to Rochester or the surrounding area and need to make sure their documents still hold up under Minnesota law. A good estate plan also includes powers of attorney and healthcare directives . If your designated agents have moved away, passed on, or are no longer the right fit, it’s important to name someone new. These documents should reflect not only your preferences, but the reality of who is available and willing to help. Even small updates can save your loved ones time, stress, and legal confusion later. At our firm, we make the process of reviewing and updating your estate plan simple and efficient. Whether you live in Red Wing, Zumbrota, or right here in Rochester, we’re here to help you keep your plan current and aligned with your life .
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Wills vs. Trusts: What’s the Right Fit for Your Family in Minnesota?

By Christopher Davis • November 11, 2025
If you're starting to think about your estate plan, you've probably come across two key tools: wills and trusts. But what’s the difference between them—and which one should you choose? The answer depends on your goals, your assets, and your family’s needs. Here’s a breakdown of how each option works under Minnesota law, and how to decide what’s right for you. A will is a legal document that spells out your wishes after you pass away. In Minnesota, it allows you to name guardians for minor children, choose who inherits your assets, and appoint someone (called a personal representative) to handle your estate. Even with a will in place, your estate will likely need to go through probate—a court-supervised process for settling debts and distributing property. For many families, that’s not a problem. Minnesota offers both formal and informal probate options , and a well-drafted will can make the process smoother. A trust, on the other hand, can help you avoid probate entirely provided the trust is properly funded. When you create a trust, you transfer ownership of certain assets into the trust itself—meaning those assets are no longer part of your “probate estate” when you pass away. A trust gives you more control over how and when your assets are distributed, and can also help protect privacy since trusts typically don’t go through the public court system . In Minnesota, many families choose a revocable living trust, which allows you to manage the assets during your lifetime and make changes as needed. Once you pass away, the trust becomes irrevocable and your chosen trustee carries out your instructions. So, how do you know which one is right for you? If your estate is relatively simple and you’re primarily concerned with naming guardians for your children and outlining your wishes, a will might be enough. If you want to avoid probate, maintain privacy, or plan for a more complex distribution over time, a trust may be the better fit. It’s also worth noting that many Minnesotans use both. A trust can handle the distribution of major assets like real estate or investment accounts, while a simple will can still name guardians or take care of personal belongings. No matter which option you choose, it’s important to make sure your documents comply with Minnesota law—and that they work together with things like beneficiary designations and powers of attorney . We help families throughout Rochester, Lake City, Cannon Falls, and beyond build estate plans that reflect their values, avoid complications, and bring peace of mind. Ready to explore your options? We’re happy to walk you through the differences and help you choose the right approach for your situation .

A Guide to Avoiding Scams: Protect Yourself and Your Finances

By Christopher Davis • February 12, 2025
In today’s digital world, scams are becoming increasingly sophisticated, targeting individuals of all ages—especially older adults. At Davis Law Firm, we are committed to helping you safeguard your hard-earned assets from fraudsters. Below, we outline three common scams to watch out for and provide tips to protect yourself. 1. The Bitcoin Scam What It Is You receive a call, email, or text message from someone claiming to represent a government agency, business, or even a friend. They instruct you to withdraw money and convert it into Bitcoin as a way to “secure” your funds or complete a “transfer.” Red Flags They claim urgent action is needed, pressuring you to act immediately. They ask you to use cryptocurrency, which is nearly impossible to recover once sent. They refuse to communicate through official channels or avoid providing clear identification. What to Do Hang up or ignore the message. Legitimate organizations will never ask for Bitcoin payments. Contact the alleged organization directly using verified contact information to confirm the request. 2. The “I Love You” or Romance Scam What It Is A scammer poses as a romantic partner or family member in distress. They build trust through online relationships or pretend to be a distant relative. Once trust is established, they ask for money to handle an “emergency” or help with travel expenses. Red Flags They request money through untraceable methods like wire transfers, gift cards, or cryptocurrency. They refuse to meet in person or provide vague details about their identity. The relationship moves unusually fast, often with declarations of love or urgency. What to Do Never send money to someone you have not met in person or cannot verify as a real family member. Ask detailed, specific questions that only your real family member could answer. Block and report suspicious accounts on social media or dating platforms. 3. The Credit Card Transfer Scam What It Is A fraudster asks you to transfer all your money from your credit cards or accounts to another account under the pretense of “protecting” your assets. They might pose as a financial advisor, bank employee, or law enforcement official. Red Flags They claim your accounts are compromised and need to be “secured” by transferring funds. They ask for sensitive account details or personal information. They urge secrecy and warn against telling anyone else about the transaction. What to Do Never provide account details or make large transfers without verifying the legitimacy of the request. Contact your bank directly to confirm whether your account is compromised. Tips to Stay Safe Online Verify Before You Act : Always double-check any requests involving money or personal information. Educate Yourself : Stay informed about common scams and how they operate. Trust Your Instincts : If something feels off, don’t proceed without consulting a trusted advisor or family member. Keep Personal Information Private : Avoid sharing sensitive details online or over the phone.  If you believe you or someone you know has been targeted by a scam, contact your local law enforcement, National Elder Fraud Hotline, your bank/financial institution, or trusted loved one.
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