When Estate Planning, Don’t Forget Incapacity Documents!

06.29.2021 Written by: Henningson & Snoxell, Ltd.

When estate planning, don't forget incapacity documents

Most people associate “Estate Planning” with creating wills and trusts – in other words, planning for what happens after death. An oftentimes overlooked part of the estate planning process, however,  is preparing for incapacity. Incapacity is the physical or mental inability to manage your affairs. As important as it is to plan for your estate upon death, it is equally important to plan for what would happen should you lose mental or physical capacity.

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DIY Estate Planning

05.12.2021 Written by: Henningson & Snoxell, Ltd.

The pandemic has created a huge market for do-it-yourselfers in the home improvement space.

Many people have used extra time at home and the proceeds from stimulus checks to complete updates and remodels to their family’s space. With the help of Google and YouTube, some of us believe that we can gain the necessary skills to go from helpless homeowner to amateur carpenter (and save some money in the process).

Sure, installing a fancy new backsplash can be a learnable skill, but would you want to do your own electrical or plumbing? I think not! These types of specialized skills and tasks are best left to well-trained professionals.


So, why do some people believe in a DIY approach for their estate planning needs? There are a ton of online platforms and other tools available on the internet that market to the DIY estate planner. They offer fill in the blank forms that can be printed, completed, and signed with ease.

So why do you need a lawyer?

  • Do you know why certain situations require a Trust instead of a Will?
  • Do you have a solid handle on the ever-changing world of estate taxes?
  • Can you identify the differences between legal forms that are from one state or another, or perhaps that are current or outdated?
  • Do you understand the different roles of various agents, such as Personal Representatives, Trustees, Guardians, Health Care Agents and Attorneys-in-Fact?

Did you know that merely signing an estate or incapacity planning document may not be enough to make it legally binding? If not, you could be leaving behind a disaster of a “plan” that costs much more to fix than it would have cost to hire an estate planning attorney in the first place. Typically, a broken estate plan will require additional legal representation and the input of the Minnesota probate court to remedy an error or fill in a missing piece of information. This cost does not account for the frustration, time, and emotional burden placed upon the people you leave behind.

It is an estate planning attorney’s job to educate, plan for the unknown, and to ask questions you may not have known to ask yourself. When it comes to estate planning, there is no such thing as “one-size fits all”.  Contact an estate planning attorney at Henningson & Snoxell, LTD for the thorough guidance necessary to develop an estate plan tailored to your family’s circumstances and goals.

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When Should You Start Planning for Long-Term Care?

04.07.2021 Written by: Henningson & Snoxell, Ltd.

Planning for long-term care is an emotional and overwhelming task.  It is difficult to accept aging and even more difficult to accept that at some point in our lives we will be dependent on others for help doing things we find easy to do today.  For most of us, talking about death is difficult, but I have found that talking about long-term care is even more taboo.  For many of our elderly loved ones, mine included, their biggest fear is being “thrown into a nursing home.” 

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Two Important Steps to Take When Your Child Turns 18

03.12.2021 Written by: Henningson & Snoxell, Ltd.

Two important steps to take whey your child turns 18

It is the eve of your child’s 18th birthday, and you are thinking about all the exciting things that lie ahead—high school graduation, going off to college, that first job, or perhaps even planning a wedding. At Henningson & Snoxell, Ltd. we recommend you take a few minutes to think about what happens, legally, to your relationship with your child the minute your child turns 18.

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