Zealous Legal Advocates Free Consultations with Experienced Attorney 	Revocable Trusts 	Last Will & Testament 	Irrevocable Trusts 	Power of Attorney forms 	Health Care Directives 	Codicil & Trust Amendments 	Testamentary Trusts 	Inter Vivos Trusts 	Transfer on Death Deeds
Estate Planning (Wills & Trusts)
Molinaro Davis Law PLLC
2809 Cliff Road East, Suite 100 Burnsville, Minnesota 55337
Planning for your death is a smart decision, yet it’s a decision many people do not make.  Time is a precious commodity and most people think the process will take too much time.  Estate planning is also complex and intimidating for most people.  The lawyers at Molinaro Davis strive to make the process easier.  Our attorneys personally sit down with clients for a free initial consultation where they discuss the basics of estate planning and the goals of the clients.   During the consultation, our attorneys make recommendations on estate plans for clients.  Our attorneys listen to our clients’ concerns and explain the estate planning and probate process.  Some clients have specific objectives and our attorneys help implement those objectives.  Other clients want complete guidance and our attorneys provide that as well.  Every client is unique; some clients simply need a will, other clients need a trust.  Whatever a client is in need of, however, our attorneys strive to ensure that our clients understand the estate planning documents that the client ultimately has in place.  One of the basic differences between a will and a trust is a trust allows a person to have “strings attached” to their estate after their death.  For example, if you have minor children, you can use a trust to distribute money to your children at specified ages.  Under a will, the children would inherit the complete estate when they become adults (as defined by state law).  A trust also avoids probate, whereas a will usually goes through the probate process.   In addition to wills and trusts, many clients are in need of power of attorney and health care directives.  Our attorneys incorporate these into estate plans when necessary.  We draft will & trust agreements, including cabin trusts, revocable trusts, irrevocable trusts, special needs and supplemental needs trusts.  We also prepare Health Care Directives, Power of Attorney forms, and other types of trust agreements.
CLIENT & COLLEAGUE REVIEWS “Ms. Molinaro was a pleasure to work with.  She kept me informed promptly of any new developments in our case.  She is wise and respectful and always steered me in the right direction.  I feel very fortunate to have had the pleasure to having Ms. Molinaro as an attorney and would recommend her as a competent, resourceful ethical legal advisor.” “Kristin Davis is a very thorough attorney.  She is smart and provides no nonsense advice to her clients.  She pays attention to detail and doesn’t miss anything.  She is a great attorney.  You won’t regret hiring Kristin.” “My Husband and I truly Thank Teresa Molinaro for ever thing she did for us, when she took our case she seen we were confused and didn’t know what was going on and didn’t know what to do, Teresa told us not to worry that she would handle everything, and she did just that!  she kept us informed.  She took a heavy weight off of us, Words could not be enough for what she did for us.  We Thank her!  Thank her so much.  If you are looking for a Lawyer to get the job done....She’s the best person for the job!!  You will not be disappointed.” “Teresa Molinaro is as thoughtful and thorough as she is insightful and professional.  She took on my complicated legal case, did her research and sought outside advice when appropriate.  Her follow through was excellent, and although I don’t yet know the outcome of my case, I do know that I have the very best attorney working for me!”
The foregoing is meant to be general guidance and does not constitute legal advice.  Please contact our firm at (651) 705-8800 to discuss your specific questions regarding probate or fill out the form above. Serving the entire metro area, including, but not limited to, Dakota County, Ramsey County, Hennepin County, Carver County, Scott County, Washington County, Rice County, Burnsville, Eagan, Lakeville, Apple Valley, Rosemount, Mendota Heights, South St. Paul, West St. Paul, Inver Grove Heights, Savage, Bloomington,  Farmington, Prior Lake, Mendota, Lilydale, St. Paul, Minneapolis, Richfield, and Shakopee.

Frequently Asked Questions

             Website: www.molinarodavis.com  Email: atty@molinarodavis.com
Molinaro Davis Law PLLC  |  2809 Cliff Road East, Suite 100| Burnsville, MN | 55337 | Tel: (651) 705-8800 | Fax: (651) 705-8803

Do I need a will?

I don’t have a will.  Is it really necessary; won’t my property be distributed to my family anyway?

Everyone should have a will.

A will accomplishes many important objectives.  If you have minor children, it’s the instrument where you  name your children’s guardian.  You also can make special gifts through your will; your jewelry, collectibles, firearms, etc. can all be gifted to specific persons through your will, thereby avoiding disputes between heirs after your death.  A will is also very important when there are blended families, multiple spouses, and children born out of the marriage.  These are just a few reasons why a will is important.  Depending on your situation, your property might not pass in the manner you would like upon your death.  Call Ms. Molinaro or Ms. Davis at (651) 705-8800 to discuss your specific case and the benefits of having a will.  .

What is the difference between a will and a trust?

I’ve been hearing a lot about trusts; do I need one or can I just have a will?

They are completely different instruments and take effect at different times. 

A will is a document that directs who will receive your property upon your death and in your will you appoint a personal representative to probate the will and carry out your wishes.  A will only covers property that is in only your name at your death.  It does not cover property that is jointly owned.  A trust can be created during your lifetime (inter vivos) or upon your death (testamentary).  An inter vivos trust can be used to begin distributing your property before death and is a legal arrangement where one person holds legal title to the property (the trustee) for another person (the beneficiary). If you own property outside of Minnesota or have minor children, you may want to set up a trust. At Molinaro Davis Law PLLC, our attorneys sit down with our clients for a complimentary consultation to discuss our clients’ estate planning needs.  Ms. Davis and Ms. Molinaro discuss the different options for prospective clients and how to best reach their estate planning objectives.  Call Ms. Davis or Ms. Molinaro at (651) 705-8800 to set up a free estate planning consultation or click here.

Can I avoid estate taxes through an estate or trust?

I don’t want to pay estate taxes.  If I set up a trust, will I avoid them?

Not necessarily.

There are many misconceptions about trusts.  One of those misconceptions is that you will avoid estate taxes if you simply implement a trust.  One of the first considerations is whether your estate will even be subject to estate taxes.  Currently, the estate tax limits are fairly high and many estates will not be subject to estate taxes.  When implementing a trust, many trust agreements seek to avoid estate taxes on the second spouse’s death.  If you are single, a revocable trust may not be the correct vehicle to avoid estate taxes.  Our attorneys assist clients in determining the best course of action to avoid estate taxes if estate taxes are a consideration.  Call Ms. Molinaro at (651) 705-8800 to discuss your estate plan.

Can I disinherit my spouse or children?

My wife and I have been separated for many years.  If I die, will she get anything?  I’d also like to disinherit one of my children.

You can disinherit a child but not a spouse.

You cannot disinherit a spouse in Minnesota.  Your surviving spouse will be entitled to an elective share of your estate, which depends on the length of the marriage.  However, you can disinherit children in Minnesota, but must have a will or trust in place to do so. 
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Twin Cities: (651) 705-8800

Zealous Legal Advocates Free Consultations with Experienced Attorney 	Revocable Trusts 	Last Will & Testament 	Irrevocable Trusts 	Power of Attorney forms 	Health Care Directives 	Codicil & Trust Amendments 	Testamentary Trusts 	Inter Vivos Trusts 	Transfer on Death Deeds
Molinaro Davis Law PLLC
2809 Cliff Road East, Suite 100 Burnsville, Minnesota 55337
Planning for your death is a smart decision, yet it’s a decision many people do not make.  Time is a precious commodity and most people think the process will take too much time.  Estate planning is also complex and intimidating for most people.  The lawyers at Molinaro Davis strive to make the process easier.  Our attorneys personally sit down with clients for a free initial consultation where they discuss the basics of estate planning and the goals of the clients.   During the consultation, our attorneys make recommendations on estate plans for clients.  Our attorneys listen to our clients’ concerns and explain the estate planning and probate process.  Some clients have specific objectives and our attorneys help implement those objectives.  Other clients want complete guidance and our attorneys provide that as well.  Every client is unique; some clients simply need a will, other clients need a trust.  Whatever a client is in need of, however, our attorneys strive to ensure that our clients understand the estate planning documents that the client ultimately has in place.  One of the basic differences between a will and a trust is a trust allows a person to have “strings attached” to their estate after their death.  For example, if you have minor children, you can use a trust to distribute money to your children at specified ages.  Under a will, the children would inherit the complete estate when they become adults (as defined by state law).  A trust also avoids probate, whereas a will usually goes through the probate process.   In addition to wills and trusts, many clients are in need of power of attorney and health care directives.  Our attorneys incorporate these into estate plans when necessary.  We draft will & trust agreements, including cabin trusts, revocable trusts, irrevocable trusts, special needs and supplemental needs trusts.  We also prepare Health Care Directives, Power of Attorney forms, and other types of trust agreements.
CLIENT & COLLEAGUE REVIEWS “Ms. Molinaro was a pleasure to work with.  She kept me informed promptly of any new developments in our case.  She is wise and respectful and always steered me in the right direction.  I feel very fortunate to have had the pleasure to having Ms. Molinaro as an attorney and would recommend her as a competent, resourceful ethical legal advisor.” “Kristin Davis is a very thorough attorney.  She is smart and provides no nonsense advice to her clients.  She pays attention to detail and doesn’t miss anything.  She is a great attorney.  You won’t regret hiring Kristin.” “My Husband and I truly Thank Teresa Molinaro for ever thing she did for us, when she took our case she seen we were confused and didn’t know what was going on and didn’t know what to do, Teresa told us not to worry that she would handle everything, and she did just that!  she kept us informed.  She took a heavy weight off of us, Words could not be enough for what she did for us.  We Thank her!  Thank her so much.  If you are looking for a Lawyer to get the job done....She’s the best person for the job!!  You will not be disappointed.” “Teresa Molinaro is as thoughtful and thorough as she is insightful and professional.  She took on my complicated legal case, did her research and sought outside advice when appropriate.  Her follow through was excellent, and although I don’t yet know the outcome of my case, I do know that I have the very best attorney working for me!”
The foregoing is meant to be general guidance and does not constitute legal advice.  Please contact our firm at (651) 705-8800 to discuss your specific questions regarding probate or fill out the form above. Serving the entire metro area, including, but not limited to, Dakota County, Ramsey County, Hennepin County, Carver County, Scott County, Washington County, Rice County, Burnsville, Eagan, Lakeville, Apple Valley, Rosemount, Mendota Heights, South St. Paul, West St. Paul, Inver Grove Heights, Savage, Bloomington,  Farmington, Prior Lake, Mendota, Lilydale, St. Paul, Minneapolis, Richfield, and Shakopee.

Frequently Asked Questions

             Website: www.molinarodavis.com  Email:
Molinaro Davis Law PLLC  |  2809 Cliff Road East, Suite 100| Burnsville, MN

Do I need a will?

I don’t have a will.  Is it really necessary; won’t my property be distributed to my family anyway?

Everyone should have a will.

A will accomplishes many important objectives.  If name your children’s guardian.  You also can make special gifts through your will; your jewelry, collectibles, firearms, etc. can all be gifted to specific persons through your will, thereby avoiding disputes between heirs after your death.  A will is also very important when there are blended families, multiple spouses, and children born out of the marriage.  These are just a few reasons why a will is important.  Depending on your situation, your property might not pass in the manner you would like upon your death.  Call Ms. Molinaro or Ms. Davis at (651) 705-8800 to discuss your specific case and the benefits of having a will.  .

What is the difference between a will and a trust?

I’ve been hearing a lot about trusts; do I need one or can I just have a will?

They are completely different instruments and take effect at different times. 

A will is a document that directs who will receive your property upon your death and in your will you appoint a personal representative to probate the will and carry out your wishes.  A will only covers property that is in only your name at your death.  It does not cover property that is jointly owned.  A trust can be created during your lifetime (inter vivos) or upon your death (testamentary).  An inter vivos trust can be used to begin distributing your property before death and is a legal arrangement where one person holds legal title to the property (the trustee) for another person (the beneficiary). If you own property outside of Minnesota or have minor children, you may want to set up a trust. At Molinaro Davis Law PLLC, our attorneys sit down with our clients for a complimentary consultation to discuss our clients’ estate planning needs.  Ms. Davis and Ms. Molinaro discuss the different options for prospective clients and how to best reach their estate planning objectives.  Call Ms. Davis or Ms. Molinaro at (651) 705-8800 to set up a free estate planning consultation or

Can I avoid estate taxes through an estate or trust?

I don’t want to pay estate taxes.  If I set up a trust, will I avoid them?

Not necessarily.

There are many misconceptions about trusts.  One of those misconceptions is that you will avoid estate taxes if you simply implement a trust.  One of the first considerations is whether your estate will even be subject to estate taxes.  Currently, the estate tax limits are fairly high and many estates will not be subject to estate taxes.  When implementing a trust, many trust agreements seek to avoid estate taxes on the second spouse’s death.  If you are single, a revocable trust may not be the correct vehicle to avoid estate taxes.  Our attorneys assist clients in determining the best course of action to avoid estate taxes if estate taxes are a consideration.  Call Ms. Molinaro at (651) 705-8800 to discuss your estate plan.

Can I disinherit my spouse or children?

My wife and I have been separated for many years.  If I die, will she get anything?  I’d also like to disinherit one of my children.

You can disinherit a child but not a spouse.

You cannot disinherit a spouse in Minnesota.  Your surviving spouse will be entitled to an elective share of your estate, which depends on the length of the marriage.  However, you can disinherit children in Minnesota, but must have a will or trust in place to do so. 
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