Many Minnesotans create a will and think their job is done. But that’s only part of the picture. While a will is an important legal document, it’s just one piece of a much bigger plan. If you want to protect your family, reduce stress after you’re gone, and make sure your wishes are followed, it’s time to understand the difference between a will and estate planning.
What Is a Will?
A will is a legal document that lets you say who gets your stuff after you pass away. You can name guardians for your kids, choose someone to manage your estate, and leave gifts to people or charities.
But here’s something to think about: A will has to go through probate, which is a court process that can take time and cost money. And if your will is outdated—say, it was written 20 years ago—it may not reflect your current wishes, relationships, or the law.
What Is Estate Planning?
Estate planning is the bigger picture. It includes your will, but it also covers other important things:
- Trusts to manage assets outside of court
- Powers of attorney for healthcare and finances
- Health care directives so others know your medical wishes
- Asset planning to help reduce taxes or avoid probate
- Beneficiary designations for retirement accounts and life insurance
In short, estate planning is about protecting your whole life—not just deciding who gets your couch.
Why Does It Matter in Edina?
Laws can vary from state to state. So if you’ve moved to Edina from another state—or even if it’s been a few years since you created your will—it’s smart to meet with a local attorney. Minnesota’s probate rules and estate tax laws could affect how your plan works. What made sense five years ago may no longer work for your family now.
Can a Will Go “Stale”?
Yes, absolutely. In fact, submitting a 20-year-old will to a Minnesota court is like using an old computer to do today’s taxes. It’s outdated, and the law—and your life—has likely changed.
Think about this: do you still have the same relationships, assets, and priorities you had 20 years ago? Do your kids still need guardians? Is your chosen executor still the best person for the job? Do the people who manage your estate change over 20 years?
If you answered “no” to any of those questions, your will needs an update. Read more in our article: How Long Does A Will Last?
When Should You Update Your Will or Estate Plan?
There’s no exact formula, but here are some key times to review your documents:
- You moved to or from Minnesota
- You got married or divorced
- You had a child or adopted
- Someone in your plan passed away
- You gained or lost valuable assets
- Your health changed
- It’s been 3–5 years since you last looked at your plan
And if your estate plan includes a revocable trust, Stone Arch Law Office recommends a full update every 20 years, with regular check-ins along the way. Read more in our article, Why Updating Your Revocable Trust Is Essential After a Major Purchase
What Happens If You Don’t Update Your Will?
Just look at the example of Whitney Houston. She passed away in 2012 with an outdated will created in 1993 that didn’t reflect her $20 million estate or the changes in her daughter’s life. As a result, her daughter received a huge inheritance at a young age—something Houston likely didn’t intend. Sadly, this may have contributed to further tragedy in her family.
Outdated plans don’t just risk money—they can cause confusion, family disagreements, and lengthy court battles.
What Should You Do Next?
If you live in Edina and aren’t sure when your will or estate plan was last updated, it’s time to take a closer look. Even if you feel like “everything’s fine,” a quick review with an estate planning attorney could protect your family and your legacy.
Stone Arch Law Office can help you sort through your documents, talk about your goals, and recommend updates based on your life today—not the life you had 10 or 20 years ago. If you’re uncertain whether your estate plan is current, book a call. Our experienced team is ready to help ensure that your final testament is best for you and your loved ones.
References: AARP (September 2016), “Celebrity Estate Planning Mistakes” and University of Florida, “17 Reasons to Update Your Will””
