Estate Planning and Probate
Rochester MN

For most of us, estate planning is important but not urgent.  In our day-to-day lives, we may have jobs, children, household chores, and other commitments and activities which keep us busy.  Hopefully, at some point during the day, we have an opportunity to relax and recharge our batteries before we start again.  If you are taking the time to read this, you acknowledge that your estate plan is important.  We urge you to find a way to make your estate plan not only important but a priority and contact us so we can help you.

We listen to peoples’ plans, hopes and dreams for their family and their property and prepare estate plans which include powers of attorney, healthcare directives, guardianships, conservatorships and trusts to help them reach their dreams. You need professionals who understand how to translate your goals and desires into plans and procedures that protect your family, your property and you.

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Estate Planning

Our clients tell us that one of the most important things they can leave their family and friends is a sense of harmony.  Different people express their emotions differently when someone close to them dies.  In such emotional times, people can sometimes be thrust into competing positions about how to divide the decedent’s estate.  The result of these issues can be conflicts which long out last the grief over the death of the decedent.  If you explain your wishes in your estate plan, conflict can be removed from the emotional time surrounding the loss of someone close and hopefully leave unity and harmony.  In addition, if you die without preparing an estate plan, you could subject your estate to significant federal and state taxes which reduce the amount of assets you can leave to others.  We are here to help you express your wishes in the distribution of your estate, care for your children, avoidance of estate taxes or whatever goals you have. 
Click on “Wills” to see more  . . .

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Guardianships and Conservatorships

When someone close to you becomes incapable of managing their own affairs, it can have far reaching consequences for not only that person, but also their family and their assets.  If that person does not have a healthcare directive and/or power of attorney, he or she will need the court to appoint someone to take responsibility for helping them meet their needs.  This process almost always is surrounded by high emotions for both the vulnerable person and the person who is appointed by the court.  The person appointed by the court must pay due care to the affairs of the protected person and report to the court what is determined to be in the best interests of the protected person.  We look forward to the opportunity to help you with the process of Guardianships and Conservatorships so you can tend to the needs and concerns of the protected person. 

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Probate

If someone in your family or a friend has died, you need time to grieve and cope with your loss.  At the same time, someone needs to step forward to make final arrangements and begin the process of collecting and distributing the decedent’s assets as he or she provided by will or as provided by law.  The person who manages the decedent’s affairs needs legal advice about how to comply with the decedent’s wishes and with the law. Sometimes the decedent’s estate does not need to be probated, sometimes it requires court supervision.  You need the guidance of an attorney who can help you decide what is best for the estate.  We look forward to helping you through this trying time so that you can focus on putting your life back together.  Click on Probate to see more . . .

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Healthcare Directives

We all are at risk of loosing the capacity to make decisions about our healthcare needs.  If you create a healthcare directive, you establish who has the right and responsibility to explain to your healthcare professionals what medical care and life sustaining measures you want if you cannot communicate.  If you decide who you want to make decisions, you can avoid confusion and friction among your friends and family who try to instruct your healthcare provides what your wishes are under the circumstances.  We have helped many clients by putting in words what they want done and who they designate to speak on their behalf.  We stand ready to help you too.  Click on Healthcare Directives to see more . . .

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Power of Attorney

In the event we are in our senior years, or we experience injury or travel, we may not be in a position to make decisions about our financial affairs.  We can use Powers of Attorney to explain to our financial advisors, banks and others who we designate to make decisions on our behalf.  Sometimes, those close to us will have differing opinions about how to manage our business affairs which can lead to conflicts which can be avoided in some instances.  We help our clients make decisions about how to handle their affairs during their life if they are unavailable.  We will help you craft a Power of Attorney that will accomplish your goals.  Click on Power of Attorney to see more . . .

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O'Brien & Wolf, L.L.P.
“Lawyers Who Make A Difference

This website contains general information and not legal advice. It is based on Minnesota law in effect at the time of writing. An O’Brien & Wolf lawyer can advise you about how the law applies to your specific situation.