Estate Planning

Financial planning questions, answered

Estate Planning & Beneficiaries

Estate planning is a way to make your wishes clear and help the people who may need to act on your behalf. It involves more than a will: account beneficiaries, property ownership, financial authority, and health care instructions all play a part. Reviewing how those pieces work together can reveal gaps before your family has to navigate them. [1][2]

Let’s get some answers! 12 questions across four planning areas

01 Make your wishes clear

Do I need an estate plan if I do not have a large estate?

Estate planning is useful even when estate taxes are unlikely to be a concern. You may want to decide who receives your property, who handles unfinished financial matters, who could care for minor children, and who can make decisions if you cannot. [1]

What does a will do?

A will can state how property in your estate should be distributed and name a personal representative to administer it. In Minnesota, it can also name a guardian for minor children. Having a will does not, by itself, mean your estate will avoid probate. [1][3]

When might a trust be worth considering?

A trust may help address goals such as managing assets for beneficiaries or directing how certain property passes after death. A revocable living trust may also help avoid probate for assets properly transferred into it. Whether it makes sense depends on your property, family circumstances, and goals; creating the document alone does not transfer assets into the trust. [4]

02 Review how accounts and property will pass

Why should I review my beneficiary designations?

Accounts with named beneficiaries may pass according to those designations rather than through the instructions in your will. Check the beneficiaries recorded on retirement accounts and life insurance policies, including anyone named as a backup. Confirm that the designations reflect your current wishes. [2][3]

What is the difference between a primary and contingent beneficiary?

A primary beneficiary is your first choice to receive an account or benefit. A contingent beneficiary is a backup if the primary beneficiary cannot receive it. Naming both can help clarify your intentions, but the options and requirements depend on the account or plan. [2]

Does the way I own property matter?

Yes. Joint ownership, a payable-on-death designation, a transfer-on-death registration, or ownership through a trust can affect how an asset passes. In Minnesota, whether property requires probate depends in part on its type and how it is owned. Review account titles and real estate ownership alongside your will. [3][5]

03 Plan for decisions during your lifetime

What does a financial power of attorney do?

A power of attorney can authorize someone you choose to handle specified financial matters for you. The authority granted depends on the document and applicable law, so choose the person carefully and review the powers with an estate-planning attorney. [6]

How can I communicate my health care wishes?

A Minnesota health care directive can document your instructions and identify someone to make health care decisions if you cannot communicate or decide for yourself. Discussing your wishes with that person can be as important as completing the document. [7]

Who should know where my documents are?

The people you have chosen to act for you should know how to locate the documents and information they may need. Keep an organized record of your attorney, key accounts, insurance policies, and the location of your signed estate documents. Store sensitive information securely.

04 Keep the plan aligned with your life

When should I update my estate plan?

Review it after a marriage, divorce, birth, death, move to another state, or substantial change in your property or wishes. Check beneficiary designations at the same time; updating a will does not automatically update the forms held by an account provider. [1][2]

Are there special rules for naming a beneficiary on a retirement plan?

There can be. Some employer retirement plans require a spouse to be the primary beneficiary unless the spouse consents to another choice. The person who inherits a retirement account may also face distribution rules that depend on their relationship to the account owner and the type of account. Confirm the plan’s requirements before changing a designation. [2][8]

Do estate taxes need to be part of the conversation?

They may, particularly if you own a business, real estate, or substantial assets. Federal and Minnesota estate tax rules are separate and can change. An attorney and tax professional can assess whether either set of rules affects your plan, rather than relying on the federal threshold alone. [9][10]

From information to a decision

Bring the right pieces to the conversation

  • Your current will, trust, powers of attorney, and health care directive
  • Beneficiary designations for retirement accounts and insurance policies
  • A list of accounts, real estate, business interests, and other significant assets
  • How major accounts and property are titled
  • Names of the people you would consider for financial, health care, and estate responsibilities
  • Information about minor children or family members who may need ongoing support
  • Any changes in family circumstances or wishes since the documents were signed

Sources for compliance review

[1] Minnesota Attorney General’s Office, “Wills — Probate and Planning”
https://www.ag.state.mn.us/Consumer/Handbooks/Probate/CH1.asp

[2] Internal Revenue Service, “Retirement topics — Beneficiary”
https://www.irs.gov/retirement-plans/plan-participant-employee/retirement-topics-beneficiary

[3] Minnesota Attorney General’s Office, “Probate — Probate and Planning”
https://www.ag.state.mn.us/Consumer/Handbooks/Probate/CH2.asp

[4] Minnesota Attorney General’s Office, “Living Trusts — Probate and Planning”
https://www.ag.state.mn.us/Consumer/Handbooks/Probate/CH3.asp

[5] U.S. Securities and Exchange Commission, “Transferring Assets”
https://www.investor.gov/additional-resources/information/seniors/transferring-assets

[6] Minnesota Attorney General’s Office, “Financial Powers of Attorney”
https://www.ag.state.mn.us/Consumer/Publications/PowersOfAttorney.asp

[7] Minnesota Attorney General’s Office, “Health Care Directives and Planning a Funeral — Probate and Planning”
https://www.ag.state.mn.us/Consumer/Handbooks/Probate/CH6.asp

[8] Internal Revenue Service, “Retirement topics — Death of spouse”
https://www.irs.gov/retirement-plans/plan-participant-employee/retirement-topics-death-of-spouse

[9] Internal Revenue Service, “Instructions for Form 706”
https://www.irs.gov/instructions/i706

[10] Minnesota Department of Revenue, “Estate Tax Filing Requirement”
https://www.revenue.state.mn.us/estate-tax-filing-requirement

This material is for general educational purposes and is not legal or tax advice. Estate planning documents, beneficiary rules, probate, and taxes depend on your circumstances and state law. Work with a qualified estate-planning attorney and tax professional to prepare or revise your plan.