Trusts & Estates

Efficiency for the Basic.
Experience for the Complex.

We represent clients in all facets of estate planning, asset succession, and estate administration. Experience and efficiency are the hallmarks of our Trusts & Estates group.

Trusts & Estates

FMJ’s Trusts & Estates group can help you create and implement an estate plan in a timespan that fits your needs. We make estate planning simple and affordable. Email us today at estateplanning@fmjlaw.com to have someone from our Trusts & Estates group contact you.

We are always accepting new clients and offer complimentary 30-minute initial consultations and flat-fee estate planning to fit every budget.

We provide estate planning, estate administration, business, and unique asset succession planning, estate controversy assistance, and related services to individuals, closely-held businesses, tax-exempt organizations, and corporate fiduciaries.

Estate Planning

Planning for incapacity or death is essential for every adult, regardless of age, health, or net worth. Our Trusts & Estates attorneys thrive on devising creative solutions and providing tailored services for individuals and families to help them achieve their lifetime dreams and goals. We specialize in wills, revocable living trusts, irrevocable life insurance trusts, charitable trusts, family limited partnerships, special/supplemental needs trusts, powers of attorney, and health care directives.

Trusts and Estate Administration

Our attorneys assist personal representatives, trustees and, beneficiaries in all aspects of estate and trust administration. This includes assisting trustees in trust management, administration or distribution, representation in the probate process, or any variety of complex situations that may arise in trust and estate administration.

Wealth Preservation and Generational Transfer Planning

As wealth transfer and income taxes change over the years, it is important to continually examine the plan for passing wealth from one generation to another or examine how family assets can be passed to future generations in a tax-efficient manner. Our attorneys have experience in working with clients to implement advanced irrevocable trust strategies and other generational wealth transfer strategies both during life and at death.

Business and Unique Asset Succession

Just as every individual should have an updated estate plan, every business owner should carefully consider the succession of their business interests and implement a cohesive plan. Succession planning involves structuring a plan for the transfer of ownership, control, and management of the business. We frequently work with business owners to develop and implement estate plans that work in conjunction with business succession plans. Similarly, unique family assets (such as cabins, art collections, or farmland) also require a planned succession strategy. Our Trusts & Estates group draws on an abundance of experience in succession planning for present and remainder interest holders.

Tax-Exemption Organizations

In addition to advising individual clients on how to maximize the impact of charitable giving, our attorneys provide a full array of services to tax-exempt organizations, including serving as outside counsel to a number of tax-exempt entities, public charities, and private foundations. For clients interested in creating a charitable entity, our practice group provides services associated with the formation and operation of such entities, as well as representation before the IRS, state revenue authorities, and other regulatory agencies.

Elder Law

Elder law is a multi-disciplinary legal approach to addressing questions like: do you know what you will do if you become disabled due to age or disease? Who will manage your finances? Who will make health care decisions for you? How will you afford the cost of long-term care? With all the wisdom that comes with age, we as a community have a special duty to treat our elders with respect and dignity.

Estate Controversy

When a trust or estate dispute arises, FMJ’s Probate & Trust Litigation Practice Group is ready to help resolve these complicated matters. Our attorneys draw on their extensive knowledge and experience, as well as the strength of our firm’s notable litigation practice. As such, FMJ represents executors, trustees, or beneficiaries in trust and estate early controversy counseling, alternative dispute resolution, and litigation.

Learn About Probate & Trust Litigation

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Video Resources

Trusts & Estates Team

Trusts & Estates Resources

May 2026

Keeping the Peace: A Guide to Succession Planning for the Family Cabin in Minnesota

Without succession planning, the family cabin can be a source of significant stress and conflict when the owner passes away. Read more

March 2026

Employment Law Considerations for Non-Employees in Minnesota, Including LLC Members, Founders, and Nonprofit Organization Members

Learn how Minnesota employment laws apply to founders, nonprofits, and business owners, and when to seek legal help. Read more

February 2026

FMJ Welcomes Estate Planning Attorney Alayna Bell

Alayna will handle estate planning, administration, and probate matters. Welcome to the firm! Read more

December 2025

Change of Residency Considerations for Minnesotans

Thinking of flying south for the winter? Here are the realities of changing your Minnesota residency. Read more

December 2025

2026 Estate Tax Exemptions and Estate Planning Considerations

A look ahead at Estate Tax Rates and planning considerations for 2026. Read more

November 2025

FMJ Named to the Best Law Firms Lists in 8 Categories!

Including five Tier 1 rankings. Thank you for all of the support this year! Read more

November 2025

David Ness Selected as a 2025 Notable Partner in Law

Congratulations on this well-deserved honor, David! Read more

October 2025

Family Office Planning for Athletes and Business Leaders – FMJ Law Podcast Episode 38

Cameron Caprio joins the FMJ Podcast Crew to discuss Family Offices as a strategic planning tool. Read more

October 2025

Minnesota’s Paid Family & Medical Leave (PFML) Program Starts January 1, 2026 – Is Your Organization Ready?

Most Minnesota employers will need to have a PFML policy in place. FMJ can help! Read more

August 2025

18 FMJ Attorneys Selected for the 2026 Best Lawyers and Ones to Watch Lists

Congratulations on this well-deserved honor! Read more

August 2025

Planning for Incapacity: Medical and Legal Authority – FMJ Law Podcast Episode 36

Daniel Wyatt and Adam Brown talk about planning for major life events such as medical treatment or children reaching adulthood. Read more

August 2025

Estate Planning for College-Bound Children

Why incapacity planning matters at age 18. Read more

July 2025

Cabin Planning Part Two: Lifetime Transfers and Alternative Ownership Options

Cabin planning tools to use during an owner's lifetime. Read more

July 2025

Minnesota Monthly Selects 11 FMJ Attorneys for the 2025 Top Lawyers List

Congratulations to these 11 attorneys across 9 practice areas! Read more

July 2025

FMJ Attorneys Named to the 2025 Super Lawyers and Rising Stars Lists!

Congratulations to these 12 attorneys, and thank you for another excellent year. Read more

Other Practice Areas

Agriculture

Agriculture

Our Agriculture group has legal experience in all aspects of agribusiness, including general corporate and transactional matters, farm succession planning, and litigation. Our attorneys also represent many types of cooperatives and independent elevators, including grain, feed, chemical, and fuel.
Appellate

Appellate

Our Appellate group has years of experience in assessing, briefing, and arguing appeals at all levels of courts throughout the United States. We have the ability to synthesize and analyze the record and the law, as well as narrow the case focus to those issues most likely to bring client benefit and appellate success.
Aviation & Transportation

Aviation & Transportation

Recognized nationally and internationally for our experience and insider knowledge of the transportation industries, our Transportation & Logistics attorneys are equipped with immense insight and a practical approach to complex logistical and legal issues.
Banking & Financial Institutions

Banking & Financial Institutions

Our Banking & Financial Institution team includes lending attorneys, bankruptcy attorneys, corporate attorneys, commercial and special asset attorneys, and attorneys with experience serving on bank loan committees, boards of directors of banks, and bank holding companies.
Bankruptcy & Insolvency

Bankruptcy & Insolvency

Our Bankruptcy & Insolvency attorneys represent creditors in all aspects of bankruptcy, reorganization, and workouts, and appear in courtrooms across the country. Our philosophy is to actively participate in every phase of the workout and reorganization process.
Competition & Trade

Competition & Trade

We work with clients daily to help them better compete in their marketplace, whether that be local, national, global, or virtual. Our goal is to understand our clients’ businesses and challenges and help them navigate the business and legal obstacles to success.
Defamation and Reputation Protection

Defamation and Reputation Protection

Fafinski Mark & Johnson is a leader in helping businesses to protect their reputations and navigate defamation claims, including both libel and slander.
ETA – Entrepreneurship Through Acquisition

ETA – Entrepreneurship Through Acquisition

Fafinski Mark & Johnson is a thought leader working on the cutting edge of ETA. We value the flexibility and opportunity that ETA transactions provide for our clients, and our team has the capacity and depth of knowledge to handle issues that arise while keeping the the deal moving toward closing.
General Corporate & Business

General Corporate & Business

Our General Corporate & Business group works with organizations of all sizes, from start-ups to Fortune 500 companies, across all industries, helping them devise strategies and solve problems. Much of the work we do is contractual – structuring, negotiating, and reviewing contracts.
HR & Employment

HR & Employment

Our HR & Employment attorneys guide our clients through the complexities of employment procedures and policies, employee benefits, hiring and termination practices, and compliance with ever-changing employment laws. We combine our knowledge of the law with specifics of our clients’ businesses to produce optimal outcomes.
Insurance

Insurance

FMJ’s Insurance group represents commercial and nonprofit insurers, and the team serves as outside general counsel to fraternal insurance companies. We advise insurance companies on all aspects of corporate, nonprofit, and insurance law.
Intellectual Property

Intellectual Property

Our Intellectual Property attorneys assist with trademark and copyright registration, compliance and licensing, dispute resolution, and pre-dispute counseling. We also have the technical, business, and legal acumen necessary to provide counsel on various intellectual property matters.
Litigation

Litigation

From local courtrooms to the United States Supreme Court, our Litigation group has a proven track record of obtaining favorable outcomes for our clients in a wide variety of legal disputes. We specialize in commercial, general, employment, shareholder, insurance defense, product liability, aviation, transportation, real estate, and appellate litigation.
Manufacturing

Manufacturing

FMJ’s Manufacturing attorneys have been holistically representing manufacturers for two decades. From R&D, through supply chain, operations, distribution, and sale channels, we know your challenges. We have a history of efficiently solving our clients’ legal issues in every phase of manufacturing.
Mergers & Acquisitions

Mergers & Acquisitions

Our Mergers & Acquisitions team has handled deals collectively worth billions of dollars. With experience representing buyers, sellers and investors, we have the capacity and depth of knowledge to understand the issues that arise during the course of a transaction and offer solutions to ensure your deal moves forward and closes.
Nonprofit & Philanthropic

Nonprofit & Philanthropic

FMJ’s Nonprofit & Philanthropic group is passionate about assisting philanthropies and nonprofit organizations in carrying out their meaningful missions, paired with their extensive experience in an array of areas, makes the firm an ideal fit to help nonprofit and philanthropic organizations face the many nuances of nonprofit law.
Products Liability

Products Liability

With their expansive product knowledge and extensive experience, FMJ’s Products Liability group is able to handle cases effectively, efficiently, and with their clients' interests always at the forefront. The group has served as regional and national counsel to multi-level international Fortune 500 companies in 30 states for over 40 years.
Real Estate

Real Estate

Our Real Estate team has the experience and practical business knowledge necessary to navigate, negotiate, and manage the nuanced elements of real estate transactions, whether you are a business that has ongoing commercial purchase and sale or lease transactions, you are an experienced investor, or you are investing in real estate for the first time.
Sports & Entertainment

Sports & Entertainment

FMJ’s attorneys provide the wide range of legal services that sports and entertainment organizations need to succeed. We understand that cost-effectiveness matters, so we deliver real value without sacrificing the quality of our advice and representation. Our team works efficiently to solve legal challenges, allowing clients to concentrate on what matters most: their craft, their content, and their game.