Trusts & Estate Planning

Protecting What You’ve Built, and the People You’ll Leave It To

A good estate plan is not about paperwork — it is about making sure the right people are taken care of, on your terms, with as little cost, delay, and public exposure as possible. At Madgett Law, we help Minnesota individuals, families, and business owners build plans that actually do what they intend: keep assets out of probate, plan for incapacity, protect a legacy, and pass wealth to the next generation the way you want it passed.

From our office in the IDS Center in downtown Minneapolis, we serve clients across the Twin Cities metro and Greater Minnesota — and we bring a business litigator’s eye to the question every estate plan should be tested against: will this hold up when it matters?

Our Trust & Estate Planning Services

• Revocable Living Trusts: Keep your home and other assets out of probate, plan for incapacity, and control distribution over time — privately, without a public court proceeding.
• Wills & Powers of Attorney: The foundation of any plan — naming who inherits, who decides, and who acts for you if you cannot.
• Trust Funding: The step most people miss. A trust controls only the assets titled in its name; we prepare and record the deeds and transfers that make a trust actually work.
• Probate Avoidance: Minnesota transfer-on-death deeds, beneficiary designations, and trusts, coordinated so your estate passes smoothly.
• Dynasty & Multi-Generational Trusts: Long-term trusts that pass wealth through generations — under Minnesota law now permitting trusts that last up to 500 years.
• Asset Protection Planning: Legitimate, well-timed structures to protect what you’ve built — with a straight assessment of what Minnesota law does and does not allow, and where an out-of-state trust genuinely helps.
• Trust Modernization & Decanting: Fixing or updating an old, inflexible irrevocable trust so it fits your family’s current reality.
• Homestead & Property Planning: Handling the Minnesota homestead rules correctly so a transfer into trust doesn’t cost you your property-tax classification.

Why Clients Choose Madgett Law for Estate Planning

• Honest counsel, not a sales pitch. We tell you when a simple transfer-on-death deed beats an expensive trust, and when an out-of-state “trust haven” won’t deliver what it promises to a Minnesota resident. Our job is the plan that fits you, not the one that bills the most.
• Minnesota-specific, and current. Trust and tax law changes — Minnesota’s own rules on trust duration and taxation have shifted recently. We build plans on the law as it is today, verified against the source, not on outdated conventional wisdom.
• Built to hold up. As litigators, we’ve seen how estate plans get challenged. We draft with an eye toward the disputes, creditors, and tax questions that test a plan after you’re gone.

Learn More

• Why Put Your House in a Trust? An Honest Guide for Minnesota Homeowners
• Should You Set Up a Trust in South Dakota? Minnesota Trust Law vs. the “Trust-Friendly” States
• The Minnesota Estate Tax Trap

How We Can Help

Whether you are creating your first plan, updating an outdated one, or wondering whether the trust someone recommended is really right for you, we start the same way: a candid conversation about what you are actually trying to accomplish, and an honest map of your options under Minnesota law.

Ready to protect your family and your legacy? Use the Message Us button to start the conversation — it’s the fastest way to reach our team — or call 612-470-6529.

Frequently Asked Questions

Do I need a trust, or is a will enough?

It depends on your goals. A will alone still passes your estate through probate — a public, court-supervised process. A revocable living trust can keep your home and other assets out of probate, plan for incapacity, and control how and when your beneficiaries receive their inheritance. For a single home and a simple plan, a Minnesota transfer-on-death deed may do the job more cheaply. We help you match the tool to your actual situation rather than sell you a one-size product.

Does putting my house in a trust lower my Minnesota property taxes or protect it from creditors?

A trust does not, by itself, do either. A properly handled revocable trust can keep your homestead property-tax classification — but only if you file the right application with your county assessor. And a revocable trust does not shield your home from your own creditors during your life. These are exactly the details that do-it-yourself trust kits get wrong. We walk through the Minnesota homestead rules with you before any title changes hands.

Should I set up my trust in South Dakota or another 'trust-friendly' state?

Sometimes it helps; often it is oversold. Out-of-state trusts can offer self-settled asset protection and no state income tax that Minnesota does not — but whether those benefits actually reach a Minnesota resident, against Minnesota creditors and the Minnesota Department of Revenue, is a much harder question. And Minnesota law recently caught up on trust duration. We give you a candid, fact-specific comparison before anyone sells you a destination.

How much does estate planning cost at Madgett Law?

It depends on the complexity of your plan — a straightforward will-and-trust package costs far less than a multi-generational or asset-protection structure. We discuss fees openly at the initial consultation so you can make an informed decision before committing.

What happens if I become incapacitated and don't have a plan?

Without an adequate power of attorney or a funded trust, your family may have to ask a Minnesota court to appoint a conservator to manage your property — a public filing with notice, a hearing, and ongoing court oversight. A funded revocable trust and a durable power of attorney can let someone you choose step in privately, without a court proceeding.