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Estate planning gives you a way to make important decisions before they become urgent. A thoughtful plan can help direct how your property is handled, identify the people you want to make decisions for you if you cannot act for yourself, and give your family clearer guidance during difficult circumstances.
At Restovich, Braun & Associates our estate planning attorneys help individuals and families make practical decisions about the future. From our Rochester law office, our lawyers assist clients with wills, trusts, powers of attorney, health care directives, probate matters, guardianships, conservatorships, and related disputes. Our goal is to explain the available options clearly and help you create a plan that reflects your family, finances, and priorities.
Estate planning is not only about deciding who receives property after death. A complete plan can also address who may act for you during your lifetime and how important decisions should be handled if illness, injury, or another circumstance leaves you unable to make them yourself.
Depending on your situation, an estate plan may help you:
Without a will or other appropriate planning, Minnesota law may determine who inherits your probate property. Other assets may pass according to beneficiary designations, joint ownership, trusts, or similar arrangements. An estate planning lawyer can help you understand how those pieces work together and whether your current arrangements match your intentions.
No single document creates the right estate plan for everyone. The documents you need depend on your assets, family circumstances, health, goals, and the people you trust to carry out important responsibilities.
Common planning documents may include:
Our attorneys work with clients to determine which documents are appropriate rather than assuming that every person needs the same plan. We also help clients review older estate plans after major life changes such as marriage, divorce, the birth of a child, changes in assets, or the death of someone previously named in the plan.
A will directs how probate property should be distributed after death and can name the person who will administer the estate. In Minnesota, that person is generally called the personal representative. The personal representative is responsible for carrying out the administration of the probate estate according to the will and applicable law.
A trust is a separate legal arrangement in which property is managed by a trustee for the benefit of one or more beneficiaries. Depending on the circumstances, trusts can help manage how and when assets pass to beneficiaries, address particular family needs, or keep certain properly transferred assets outside probate.
Our lawyers help clients evaluate whether a trust is useful for their goals and, when appropriate, assist with creating, modifying, or administering trusts. You can learn more about our work involving wills, trusts, and related planning documents.
Estate planning is also about preparing for situations that may arise during your lifetime. Illness, injury, cognitive decline, or another unexpected event can make it difficult or impossible to manage finances or make health care decisions independently.
A financial power of attorney allows you to authorize another person to handle specified financial matters on your behalf. A Minnesota health care directive can document your wishes about medical care, appoint a health care agent to make decisions if necessary, or do both.
These documents can give your family clearer direction and may reduce uncertainty about who should act if you cannot make decisions yourself.
In some circumstances, a court proceeding may still be necessary. A guardian generally makes personal decisions for someone who cannot make certain decisions independently, while a conservator generally manages financial matters or property. Our law firm assists families with guardianship and conservatorship issues when those proceedings become necessary.
Probate is the legal process used to administer certain property after a person dies. The process may involve establishing the validity of a will, appointing a personal representative, identifying estate property, addressing valid debts and expenses, and distributing remaining assets to the appropriate beneficiaries or heirs.
Not every asset passes through probate. Property may transfer outside probate through arrangements such as beneficiary designations, joint ownership, or properly funded trusts. Whether probate is required depends on the assets involved and how they are owned.
When probate is necessary, our attorneys can help personal representatives and families understand their responsibilities and move through the process in an organized way. We also assist when questions arise about heirs, estate administration, or the interpretation of estate planning documents.
Even careful planning cannot prevent every disagreement. Family members or beneficiaries may dispute the validity of a will, question the conduct of a personal representative or trustee, disagree about the interpretation of a trust, or raise concerns about how estate property is being handled.
These disputes may involve fiduciaries, meaning people who have legal responsibilities involving another person’s property or interests. Trustees and personal representatives are common examples.
Restovich, Braun & Associates represents clients in contested estate and trust matters, including disputes involving wills, trusts, fiduciary duties, and estate administration. Our broader litigation experience allows our lawyers to address these conflicts with an understanding of both the planning documents and the legal issues that arise when those documents are challenged.
For more information about contested matters, visit our page about probate and estate litigation.
Restovich, Braun & Associates is a family-run law firm with roots in Rochester dating to 1992. We understand that estate planning often involves decisions that affect more than one generation of a family and that those decisions can involve both practical and emotional considerations.
Our attorneys take the time to understand what the client is trying to accomplish before recommending a course of action. That may mean creating a straightforward will and supporting documents, evaluating whether a trust makes sense, updating an outdated estate plan, or helping a family address more complicated planning or administration issues.
Because our lawyers practice across several areas of law and litigation, they can also work collaboratively when an estate planning matter overlaps with another legal concern. This can be useful when a client’s circumstances involve family relationships, business interests, real estate, disputes, or other issues that affect the overall plan.
Our law office serves individuals and families in Rochester, throughout southeastern Minnesota, and elsewhere in Minnesota when appropriate. We focus on giving clients clear explanations and practical guidance so they understand not only which documents they are signing, but why those documents fit their goals.
Whether you are creating an estate plan for the first time or reviewing documents that no longer reflect your current circumstances, an estate planning lawyer can help you understand the options available and identify issues that may need attention.
Our attorneys can help with wills, trusts, powers of attorney, health care directives, probate matters, and related estate concerns. To discuss your goals with one of our estate planning attorneys, contact Restovich, Braun & Associates online. We can review your circumstances, answer your questions, and help you build a plan that reflects what matters most to you and your family.
