Planning Ahead, Leaving a Legacy: A Conversation About Wills and Giving with Julian Zebot
At Boreal Waters, we believe in building a future where everyone can thrive—together. That future begins with the choices we make today. August is Make a Will Month, and we’re inviting our neighbors across the region to consider how planning ahead can be a powerful act of care - for your loved ones, your community, and the causes that matter most to you.
Making a will isn’t just for the wealthy or the elderly. It’s a practical and meaningful way to shape your legacy and ensure your wishes are honored, not out of fear but out of love. Whether you want to make things simpler for your family, name a guardian for your children, or include a gift to the organizations you care about, creating a will gives you the tools to do so.
To help break down barriers and demystify the process, we sat down with Julian Zebot, an experienced trust and estate attorney and board member of Boreal Waters Community Foundation, who offers thoughtful insight into why every adult should have a will, and how it can become a lasting expression of your values.
Q&A: Make a Will Month with Julian Zebot, J.D.
What exactly is a will, and why is it important for everyone to have one?
A will is a legally binding expression of an individual’s intentions as to the handling of certain post-death personal affairs. Typically, this includes the disposition of items of property owned by the individual, but it may also include direction regarding other important decisions, such as who will serve as the guardian for one’s minor children. For this reason, I recommend that everyone have, at the very least, a basic will in place, along with other essential estate planning instruments, such as a financial power of attorney and a health care directive.
What happens if someone passes away without a will in place?
All states, including Minnesota and Wisconsin, impose a set of default preferences for how an individual’s post-death affairs should be handled through their respective intestacy statute, which is designed to govern the handling of a deceased individual’s estate in the absence of a valid will or other estate planning (such as a revocable trust or joint/POD accounts).
What are some common myths or misconceptions you hear about estate planning?
The most pervasive myth is that having a will (or other basic estate plan) guarantees that one’s estate will need to be probated in court, which is expensive, complicated, and something to be avoided. In fact, just the opposite is true—many headaches—and much time and expense—can be avoided by simply having a basic estate plan in place. It’s never a good idea to leave your estate plan to chance—and a set of default presumptions, which may or may not reflect how you would actually want to have things handled upon your death.
How can someone include a gift to a nonprofit in their will? Is it complicated?
Wills and other estate planning instruments can be drafted to include gifts to charitable nonprofit entities, as well as individuals. Including a gift to charity in your will is not difficult, and can, depending on one’s circumstances, provide certain tax planning benefits; however, it is something that you should absolutely discuss with a licensed and experienced estate planning attorney, as there are many different ways to structure such gifts.
What kinds of gifts can people leave to organizations they care about?
There are no—or, at least, very few—limits to the kinds of charitable gifts that can be made by way of a will or other estate planning instrument. That said, it is always a good idea to discuss your specific charitable intentions with a licensed and experienced estate planning attorney, as well as the intended charitable recipient, to ensure that the desired gift will serve its intended purpose and can be accepted by the organization.
What motivates people to include charitable gifts in their estate plans?
There are many different motivations for including a charitable gift as part of one’s estate plan. In the context of a sizeable (read: taxable) estate, charitable giving can offer significant tax benefits. But for many clients, regardless of the size of their estate, it comes down to a desire to leave a meaningful personal legacy—to know that one’s money or property will be doing some real good after one is gone.
How can someone talk with their family about their decision to include a charitable gift?
I encourage everyone to sit down with their family members and discuss their estate plan, particularly if it includes gifts to charities or other non-family members. I realize that these are not necessarily easy conversations to have for a variety of reasons. But, as an attorney who frequently litigates trust and estate disputes, I can tell you that avoiding having such discussions is much more likely to lead to post-death disagreements. After all, in litigated matters, it often seems like everyone in the family knows just what the deceased individual wanted to do with their money—even when that supposed intention is contrary to the terms of the will or other estate planning instrument that the individual left.
What advice would you give to someone who’s never made a will before? Where should they start?
I would suggest starting by giving thought to some big-picture questions: Where do you want your money or other assets to go upon your death? Whom do you trust to serve as the administrator of your estate? If you have minor children, whom do you want to serve as their legal guardian? Next, you should locate a licensed and experienced estate planning attorney to help implement your estate planning objectives. If you don’t happen to know any lawyers, the “Find a Lawyer” search on the Minnesota State Bar Association website is a great place to start. Even if you are inclined to avoid the expense of working with a lawyer, you should be aware that a self-drafted “will” is likely to end up costing you and the beneficiaries of your estate far more than the legal fees of a simple, but well drafted and legally effective, will.
What do you personally find meaningful about helping people plan their legacies?
As an attorney who works in the trust and estate space, it is an honor to ensure that personal legacies, as reflected by the contents of validly executed estate planning documents, are respected and upheld. I also enjoy, and find meaning in, helping grieving families obtain closure following the loss of a loved one. In a sense, implementation of the deceased individual’s estate plan allows their memory—and their personal legacy—to live on.
Whether you’re just starting to think about your legacy or ready to take the next step, Make a Will Month is a perfect time to begin. A well-crafted will can bring peace of mind, protect your loved ones, and carry your values forward—into the future of your community.
If you’re considering including Boreal Waters Community Foundation in your estate plans, we’re here to talk. Connect with Jessica Peterson, our Development Director, to explore how your legacy can ripple outward strengthening your community and the causes you care about for generations to come.
About Julian Zebot
Julian Zebot is an attorney and partner with Maslon LLP in Minneapolis, serves as a member of Maslon's board of directors, and chairs the firm’s Trust & Estate Litigation Group. He focuses his legal practice on probate, fiduciary, and trust litigation, and has been recognized as a fellow of the American College of Trust & Estate Counsel. He has counseled and represented individual and business clients at all stages of the litigation process, including mediation, trials, and appeals. Among other leadership activities, Julian serves as a member of Boreal Waters Community Foundation’s board of trustees. Julian divides his time between Duluth, where he lives, and the Twin Cities.