Perspectives

Estate planning isn’t just for the rich or the retired, it’s for anyone who wants peace of mind. Whether you’re protecting your family, planning for medical emergencies, or organizing how your assets will be handled, having the right legal documents in place matters.

Through LegalShield, members have access to WFJ’s experienced attorneys who can help you take meaningful, affordable steps toward a complete estate plan-without the intimidation or high upfront costs that often stop people from getting started.

Here’s how LegalShield support the most common estate planning needs:

Wills & Codicils: Put Your Wishes in Writing

A will outlines how your assets are distributed and who will care for minor children. A codicil allows you to update your will as life changes-marriage, divorce, new children, or major financial shifts.

LegalShield Benefit:

Members can have a basic will prepared or updated by a qualified attorney as part of their membership. This gives you a legally sound foundation and the confidence that your wishes are clearly documented.

Living Wills/Physician’s Directives: Medical Decisions, Your Way

A living will (also called a physician’s directive) spells out your healthcare preferences if you’re unable to communicate them yourself. This helps loved ones and medical providers honor your wishes during critical moments.

LegalShield Benefit:

WFJ attorneys help members prepare advance healthcare directives so decisions aren’t left to guesswork or conflict during emotional situations.

Trusts: Planning Beyond a Basic Will

Trusts can offer added control, privacy, and efficiency-especially for families with minor children, blended families, or larger or more complex estates. Trusts can also help avoid probate and provide structured asset management.

LegalShield Benefit:

While trusts are more complex than standard wills, LegalShield members receive consultations and discounted legal services for trust planning. This gives members access to professional guidance before committing to a larger estate planning structure.

Power of Attorney: Someone You Trust When You Need It

A power of attorney allows you to name someone to make financial or legal decisions on your behalf if you are unable to do so. This is a key document for illness, injury, or long-term planning.

LegalShield Benefit:

Members can work with an attorney to draft powers of attorney that fit their specific needs-helping avoid court involvement or family disputes during stressful times.

Probate: Understanding the Process Before it Happens

Probate is the legal process of settling an estate after someone passes away. It can be time-consuming and emotionally draining for families-especially if planning wasn’t done in advance.

LegalShield Benefit

LegalShield provides attorney access and consultaitons to help members understand probate, their role as an executor or beneficiary, and options for minimizing probate through proper planning. Members also receive discounted rates if probate representation becomes necessary.

Why LegalShield and WFJ Make Estate Planning Easier

Many people delay estate planning because they assume it’s expensive, complicated, or only needed “later.” LegalShield and WFJ remove those barriers by offering:;

• Affordable access to qualified attorneys
• Flat-fee membership instead of large upfront legal bills
• Guidance before problems arise
• Ongoing legal support as life changes

Estate planning isn’t about expecting the worst-it’s about taking care of the people you love and reducing stress for them down the road. LegalShield gives you a practical way to get started, ask questions, and build a plan that grows with you.

Wagner, Falconer & Judd (WFJ) offers comprehensive legal servies through its partnership with LegalShield, designed to support clients across every stage of life. Join us as we walk through “member” Sarah’s journey, and learn how this service can support you through all of life’s major moments.

Early Adulthood: Establishing Legal Foundations

In her early 30s, Sarah realized it was time to get her legal life in order. She wanted to draft her first will, but didn’t know where to start. Through her LegalShield membership, she connected with attorney Socorro Caballero who guided her step-by-step in creating a last will and testament. Socorro also helped Sarah establish a Power of Attorney and Healthcare Directive, ensuring someone she trusted could make financial and medical decisions on her behalf if needed. She even helped her consider guardianship for future children and made sure her assets would be distributed according to her wishes- without the stress of high hourly legal fees.

Homeownership: Navigating Real Estate Matters

When Sarah bought her first home, she was excited-but overwhelmed by the purchase agreement and mortgage paperwork. Attorney Andrew Johnson reviewed her documents, explained her rights as a homeowner, and even highlighted clauses that could have caused issues later. Thanks to his support, Sarah negotiated terms that protected her investment and gave her confidence as a first-time homeowner.

Family Life: Managing Legal Affairs

As Sarah’s family grew, so did her legal questions-everything from guardianship forms to family law matters. Through LegalShield, she could consult with WFJ as often as needed. Whether updating her will after the birth of her second child or understanding legal responsibilities for her family, Sarah had a trusted legal team ready to provide guidance anytime.

Business Ventures: Legal Support for Entrepreneurs

Sarah decided to start her own consulting business. She faced questions about contracts, hiring employees, and protecting her intellectual property. With attorney Jordan Cardenas‘ guidance, Sarah drafted contracts, navigated employment obligations, and ensured her business was legally compliant-allowing her to focus on growth rather than potential legal pitfalls.

Preparing for the Future: Estate Planning

As Sarah approached retirement, she wanted to ensure her estate was properly structured and her loved ones were cared for. Attorney Rupi Bahia helped her set up a living trust, explained how to minimize probate, and tailored her estate plan to her unique family circumstances. Sarah left each consultation feeling confident that her legacy was protected.

Identity Protection: Safeguarding Personal Information

When Sarah became concerned about identity theft, she enrolled in LegalShield’s IDShield service. WFJ helped her monitor her personal information, investigate suspicious activity, and recover from any incidents, giving her peace of mind in today’s digital world.

Sarah’s journey demonstrates how LegalShield and WFJ evolve with member’s needs. From drafting wills and navigating home purchases to protecting family, business, and identity, the membership provides continuous, accessible, and proactive legal support. With a trusted legal team in her corner, Sarah could face life’s milestones confidently, knowing she was protected at every step.

Disclosure: This case study features a hypothetical member for illustrative purposes only. Any resemblance to real people, businesses, or events is purely coincidental. Legal matters are unique, and individual circumstances may vary—consult with a qualified attorney for advice specific to your situation.

Estate planning is the process of organizing your legal and financial affairs so that your wishes are honored in the event of your death or incapacity. Many people delay it, thinking they don’t have “enough” assets, that it can wait. But the truth is, if you have anything of value or people who depend on you, you need an estate plan.

Your estate includes everything you own; real estate, bank accounts, retirement plans, personal property, life insurance policies, and even your interest in a business. Without a will or other planning tools in place, state law-not you-determines how these assets are distributed. This process, known as intestate succession, often leaves families with unnecessary stress, delays, and disputes.

An estate plan allow you to:

• Name a guardian for minor children
• Designate someone to make healthcare and financial decisions if you are unable to do so
• Direct how your assets should be distribured
• Avoid or minimize probate and potential estate taxes
• Protect loved ones with special needs or complex family dynamics

Common planning tools include:

• Powers of Attorney
• Healthcare Directives
• Beneficiary Designations
• Wills
• Living Trusts

WFJ and LegalShield makes the process easier by offering a Will Questionnaire (find ours here) and direct access to the attorneys at Wagner, Falconer & Judd. You don’t have to navigate this alone.

Estate planning is not just about death-it’s about protecting your future. Start today to ensure your voice is heard when it matters most.

Many people think of a Healthcare Directive as something only older adults or people with serious illnesses need. In reality, it’s an important document for everyone over the age of 18-including healthy, active individuals. Life can change in an instant, and having your health care wishes documented ensures that your voice is heard, even if you can’t speak for yourself.

A Health Care Directive (sometimes called an “advance directive” or “living will”) gives you the power to:

• Name a trusted person to make health care decisions on your behalf if you’re unable to do so.
• Provide instructions about the types of medical care you want or do not want.
• Reduce family stress and conflict during medical crises by providing clear guidance.

Why It Matters-Even for the Healthy

Emergencies don’t discriminate. A car accident, sudden illness, or unexpected surgery could leave you unable to communicate. Without a directive:

• Doctors must rely on state law to determine who makes decisions-which may not align with your preferences.
• Family members may feel pressured to make life-altering choices without knowing your wishes.
• Disagreements among loved ones can cause emotional strain at an already difficult time.

Having a directive in place is a gift to your family-it removes uncertainty and gives them the confidence that they’re honoring your decisions.

Information You’ll Need to Get Started

Creating a Health Care Directive is simpler than many people think. Before you begin, gather:

Your Health Care Agent’s Information

• Name, contact information, and relationship to you.
• Consider choosing an alternate agent in case your first choice is unavailable.

Your Care Preferences

• Do you want all life-sustaining treatments if there’s little chance of recovery?
• Are there specific treatments or interventions you want to refuse (e.g., feeding tubes, ventilators)?
• Your wishes regarding pain management, organ donation, and end-of-life care.

Your Personal Values

• Religious, cultural, or personal beliefs that should guide your care.
• Quality-of-life considerations-what makes life meaningful to you?

Medical Information

Current medical conditions, allergies, and medications.

Key Terms to Know

Health Care Agent (Proxy, Surrogate)– The person you name to make health care decisions for you if you cannot communicate.

Living Will-The part of a directive that outlines your medical treatment preferences.

Do Not Resuscitate (DNR) Order-A medical order indicating you do not want CPR if your heart stops.

Life-Sustaining Treatment-Medical procedures that prolong life but may not cure your condition (e.g., ventilators, dialysis).

Palliative Care-Comfort-focused care aimed at relieving symptoms, not curing illness.

Advance Directive-An umbrella term that can include a Health Care Directive, Living Will, and other instructions about about future medical care.

Case Study: Planning Ahead Plays Off

Maria’s Story

Maria, a healthy 32-year-old, was an avid runner with no medical issues. During a vacation, she was in a car accident that left her unconscious for several days. Because she had completed a Health Care Directive the year before, her designated health care agent-her sister-could immediately make decisions based on Maria’s clearly written wishes.

• Her directive stated she did not want prolonged life support without a reasonable chance of recovery.
• Her sister was able to communicate this to the doctors, avoiding family disagreements and ensuring Maria’s wishes were honored.

Maria recovered, but her family later reflected that the directive removed an immense burden during an incredibly stressful time.

Final Thoughts

A Health Care Directive is not just for those who are ill-it’s for anyone who wants control over their medical care and peace of mind for their loved ones. Taking the time now to create one can make all the difference later.

If you’re ready to get started, consider working with an attorney to ensure your directive meets your state’s legal requirements and fully reflects your wishes.

Landlords across the Upper Midwest share similar frustrations: late payments, damaged units, drawn-out evictions, and tenants who push lease limits. But how you can respond-and protect your investment-depends heavily on state-specific landlord/tenant laws. In this post, we explore the five most common tenant-related challenges landlords face, plus legal insight for property owners in Minnesota, Wisconsin, North Dakota, South Dakota, and Montana.

Nonpayment or Chronic Late Payment of Rent

Tenants falling behind on rent is the most common and financially damaging issue for landords. Delayed payments can disrupt cash flow, affect mortgage payments, and cause tension in the landlord-tenant relationship.

Tip from WFJ: 

• Use clear lease language: outlining rent due dates, late fees (within legal limits), and consequences for nonpayment.
• Document all communications and payment histories.
• Follow your state’s required notice process before initiating eviction. For example:
  • MN: No statutory notice required for nonpayment before filing, but proper notice may still be best practice.
  • WI: 5-day or 14-day notice depending on lease history.
  • ND, SD, MT: 3-day notices required before court filing.
• Work with legal counsel to ensure proper service of notices and to prepare for court procedings.

Improper Handling of Security Deposits

Security deposit disputes are a leading cause of small claims cases against landlords. Issues often arise from improper deductions, delayed returns, or lack of documentation.

Tip from WFJ:

• Know your state’s timeline for returning deposits:
  • MN: 21 days
  • WI: 21 days
  • ND: 30 days
  • SD: 2 weeks (up to 45 days with written explanation)
  • MT: 10 days (no deductions) or 30 days (with deductions)
• Provide an itemized list of damages and costs.
• Take photos before and after move-in/out to document the unit’s condition.
• Keep records of all repair expenses or cleaning costs deducted from the deposit.

Eviction Process Complexities and Delays

Evictions can be time-consuming, expensive, and emotionally taxing. Missteps in the process (wrong notice form, improper service, or missed deadlines) can result in cases being dismissed.

Tip from WFJ:

• Use state-specific notice forms and timelines-they vary widely.
• Document every lease violation, communication, and attempted resolution
• Avoid “self-help” evictions (changing locks, removing belongings) which are illegal in all five states.
• Engage legal counsel early in the eviction process to ensure proper procedure and avoid costly delays.

Property Damage Beyond Normal Wear and Tear

While minor wear is expected, landlords often face significant damage caused by neglect, misuse, or intentional destruction.

Tip from WFJ:

• Conduct thorough move-in and move-out inspections with signed checklists.
• Include clear lease provisions outlining tenant responsibility for damage.
• In cases of excessive damage, deduct repair costs from the deposit with documentation-or pursue a civil judgment if damage exceeds the deposit.
• Some states allow landlords to include provisions requiring tenants to carry renter’s insurance.

Inconsistent Lease Enforcement or Poor Lease Drafting

Weak, outdated, or vague lease agreements often lead to disputes that favor the tenant. Landlords who don’t consistently enforce terms also risk discrimination or retaliation claims.

Tip from WFJ:

• Use state-specific lease templates that include legally compliant language.
• Ensure the lease covers key issues: rent due date, late fees, entry rights, maintenance, pet rules, occupancy limits, etc.
• Apply rules consistently to avoid claims of selective enforcement.
• Have your lease reviewed by an attorney familiar with the landlord-tenant laws in your state.

Key State-Specific Laws that Impact Landlords

Minnesota

• Eviction filings: Must follow strict notice procedures; unlawful detainer process required.
• Security deposits: Must be returned within 3 weeks of move-out.
• Notice to Terminate Tenancy:
  • Periodic Lease: 1 full rental period’s notice (usually a month).
• Emergency repairs: Tenants may file rent escrow if landlords fail to maintain habitability.
• Retaliation protection: Landlords cannot retaliate against tenants who report violations or request repairs.
• Late fees: Must be disclosed in wiring and cannot exceed 8% of the overdue amount.

Failure to strictly follow the law can lead to dismissal of eviction actions or fines.

Wisconsin

• Eviction process: Must issue a 5-day or 14-day notice dpeending on lease terms and violation.
• Security deposits: Return within 21 days of tenancy termination.
• Entry requirements: At leas 12 hours’ notice before entering a unit.
• Disclosure laws: Must disclose building code violations or flooding risk.
• Abandoned property: No requirements to store a tenant’s abandoned property unless stated in the lease.

Procedural missteps during eviction or deposit returns are a common legal pitfall.

North Dakota

• Security deposits: Return within 30 days; can charge up to 1 month’s rent, or 2 months if tenant has a felony.
• Termination notice: 30 days for month-to-month; no notice required for nonrenewal of a fixed-term lease.
• Eviction: Summary process but must be filed in district court.
• Entry: Reasonable notice required; except for emergencies.

Eviction hearings may be quick, but failing to provide proper documentation or notice can delay possession.

South Dakota

• Security deposits: Must be returned within 2 weeks, or 45 days with itemized statement of damages.
• Termination for Month-to-Month: Requires 30 days’ written notice.
• Eviction: Requires 3-day notice to quit for nonpaymen, then a court filing.
• Entry notice: Must provide reasonable notice; typically 24 hours.

Short notice periods for eviction require landlords to act quickly and accurately.

Montana

• Security deposits: Return within 10 days if no deductions, or 30 days with an itemized list of damages.
• Notice to terminate: Month-to-month-30 days.
• Eviction process: Begins with a 3-day notice, followed by court action.
• Right of entry: Must give 24-hour notice

Montana’s detailed rules on habitability and repair can lead to disputes if landlords don’t keep up with maintenance.

Landlords can minimize risk and avoid costly disputes by proactively reviewing leases, maintaining documentation, and working with legal counsel who understands the specific laws of their state. Investing in legal guidance upfront saves time, money, and stress in the long run. 

We’re excited to announce a significant milestone for Wagner, Falconer & Judd and our long-standing relationship with LegalShield. WFJ has taken the reins as Provider Law Firm for LegalShield members in British Columbia and Alberta.

This expansion marks an incredible opportunity to serve LegalShield members across new regions, broadening our footprint in the Canadian legal market, and continue our legacy of delivering accessible, high-quality legal services across North America.

WFJ has proudly served LegalShield members in Minnesota, Wisconsin, North Dakota, South Dakota, and Montana for more than 27 years. This new partnership not only strengthens our relationship with LegalShield but also enhances our connections with key Fortune 100 clients, many of whom we’ve supported in Canada for years.

We look forward to continuing to provide trusted legal solutions to individuals, families, and businesses, and we are honored to expand our services to LegalShield members in British Columbia and Alberta.

Legal issues can arise when you least expect them-whether it’s a contract you need reviewed, a dispute with a landlord, or simply needing legal advice before making a decision. The good news? With your LegalShield membership, you don’t have to navigate these situations alone or worry about the high cost of hourly attorney fees.

Here’s how the LegalShield membership works, and what kind of support from our team at Wagner, Falconer & Judd you can expect:

Ask Legal Questions Anytime

Have a legal concern or question? With LegalShield you can call your provider law firm or submit your question through the LegalShield app. An attorney will return your call within four business hours to provide guidance and clarity on your situation. Whether it’s a quick question or something more complex, you’ll have experienced legal support just a phone call away.

Recieve Critical Assistance

If you’re dealing with a dispute-say with a contractor, neighbor, or business-our attorneys can step in to help. They can write letters or make phone calls on your behalf, which can often resolve the matter quickly. You’ll also have access to legal templates and documents, giving you the tools you ned to take the right next steps.

Get Feedback on Documents

Need a contract reviewed before signing? You can upload documents directly through the app or online portal, and a WFJ attorney will review them and provide feedback within three buisness days or less. It’s a simple way to make sure you’re protected before you commit to anything in writing.

Hire an Attorney for Less

If your legal needs go beyond what’s included in your membership, you can still access affordable support. LegalSheild members receive at 25% discount off the standard hourly rate for additional services from WFJ-helping you handle more complex legal matters without breaking the bank.

Legal Help that Fits Your Life and Budget

With LegalShield, legal support is no longer out of reach. Whether you’re reviewing a lease, handling a traffic ticket, or navigating a more serious issue, your membership gives you afforable access to trusted attorneys who are ready to help.

Have questions about getting started with your new membership? Contact us to learn more.