Wills and Trusts Attorneys in Fargo, North Dakota

An estate plan only works if it matches your circumstances after you pass away. A will that was signed before your children were born, a personal representative who has since moved out of state or passed away, or a trust that was never properly funded can result in your estate being distributed against your current wishes.

At Nilson Brand Law, our attorneys have decades of combined experience drafting wills and trusts for clients throughout North Dakota and Minnesota. We can help you create documents that fit your family and property, and review existing plans to make sure they still reflect your current circumstances and state law.

With offices in Fargo, Mayville, and Grand Forks, North Dakota, we serve clients throughout North Dakota and Minnesota. Contact us to schedule a consultation.

What to Know About Wills & Trusts Before Setting Up an Estate Plan

When setting up a will in North Dakota, you must sign it in front of at least two witnesses, have it acknowledged before a notary, or write it entirely by hand. Handwritten wills don’t require witnesses, but they are easier to challenge and often leave out key provisions, such as a backup personal representative or a guardian for minor children. 

Trusts can provide certain protections that a will cannot. Certain trusts, such as a revocable living trust, allow you to pass assets to your beneficiaries without going through probate and keep the details of your estate out of public court records.

Trusts can also allow you to name someone to manage your finances if you become incapacitated or otherwise unable to do so yourself. However, trusts only control the property they own, so it's essential to properly fund any trust you create.

Our attorneys can help you prepare handwritten or witnessed wills with a self-proving affidavit, a notarized statement that usually means your witnesses won’t need to confirm the signing later in probate court. We can also help you retitle accounts and real estate into your trusts and explain when a trust may add costs without adding much benefit.

Helping You with Property Planning in North Dakota and Minnesota 

While North Dakota doesn't have an estate tax, Minnesota does. For 2026, Minnesota’s current estate tax exemption is $3 million per person, far below the $15 million federal threshold. Minnesota estate tax may apply to North Dakota residents if they own real estate in Minnesota. 

Unlike federal law, Minnesota does not allow a surviving spouse to use a deceased spouse’s unused exemption. Owning land in both states can also mean you may have to open two separate probate cases. Trusts and transfer-on-death deeds may help avoid large-scale and drawn-out probate proceedings.

Our Wills and Trusts Creation Services 

At Nilson Brand Law, our North Dakota estate planning attorneys are experienced in drafting effective estate planning documents that can be used to protect your estate assets and provide for your family and beneficiaries. The primary services we offer include:

• Will drafting: We can help you draft handwritten and witnessed wills with a self-proving affidavit, including naming a personal representative, a backup personal representative, and a guardian for minor children. 

• Revocable living trust creation: We can help create trusts that manage your property during your lifetime, pass assets to beneficiaries without probate, and name someone to step in if you can no longer manage your finances. 

• Trusts for specific beneficiaries: We can help establish trusts for young beneficiaries, beneficiaries who rely on needs-based public benefits, and those who shouldn’t receive a large sum all at once. 

• Trust funding: We can help you retitle specific accounts and property into your trust so it works as intended. 

• Ante-mortem probate: We can ask a North Dakota court to confirm your will’s validity while you are still living. This can be helpful if you believe your will might be challenged after you pass away.

• Transfer-on-death deeds: We can help you draft documents to pass real estate directly to a beneficiary without probate. 

• Plan reviews and updates: We can help you revise your existing wills and trusts and check that your beneficiary designations are up to date.

Why Work With Our Firm? 

Our attorneys are dedicated to making the estate planning process as straightforward as possible. Whether you have a small estate or own considerable, complex assets, we follow the same process to help you create the estate documents you need.

1. Initial meeting: We will discuss your family, your property, and your goals. For an initial consultation, bring any existing will or trust documents, recent account statements, and deeds to real estate you own. 

2. Drafting and review: We will work with you to prepare drafts and walk you through them in plain language. We encourage you to ask questions by phone, video, text, or in person, and we will help you revise your documents so they reflect your wishes. 

3. Signing: We can help coordinate signing with the required witnesses and notary so each document is properly executed. 

Contact Our Experienced Wills and Trusts Attorneys in North Dakota

If you are considering setting up an estate plan or need help revising existing estate documents, our seven-attorney team at Nilson Brand Law can help you explore your options, establish documents that reflect your wishes, and take steps to provide for your family, loved ones, and beneficiaries.

We’re comfortable handling complicated family situations and property questions, and you can reach us by text, video, phone, or in person. With offices in Fargo, Mayville, and Grand Forks, North Dakota, we serve clients throughout North Dakota and Minnesota. Contact us today to schedule a consultation.