Title Minnesota Statutes, Minnesota Statutes

524.2-1115 RECORDING OF DISCLAIMER RELATING TO REAL ESTATE. (a) A disclaimer of an interest in or relating to real estate does not provide constructive notice to all persons unless the disclaimer contains a legal description of the real estate to which the disclaimer relates and …

524.2-1116 APPLICATION TO EXISTING RELATIONSHIPS. Sections 524.2-1101 to 524.2-1116 apply to disclaimers of any interest in or power over property existing on January 1, 2010, whenever created. History: 2009 c 67 s 16; 2012 c 143 art 4 s 7

524.2-113 INDIVIDUALS RELATED TO DECEDENT THROUGH TWO LINES. An individual who is related to the decedent through two lines of relationship is entitled to only a single share based on the relationship that would entitle the individual to the larger share. History: 1985 c 250 s 12…

524.2-114 PARENT BARRED FROM INHERITING IN CERTAIN CIRCUMSTANCES. (a) A parent is barred from inheriting from or through a child of the parent if: (1) the parent's parental rights were terminated and the parent-child relationship was not judicially reestablished; (2) the child di…

524.2-116 EFFECT OF PARENT-CHILD RELATIONSHIP. Except as otherwise provided in section 524.2-119, subdivisions 2 to 5, if a parent-child relationship exists or is established under this part, the parent is a parent of the child and the child is a child of the parent for the purpo…

524.2-117 PARENT-CHILD RELATIONSHIP WITH GENETIC PARENTS. Except as otherwise provided in section 524.2-114, 524.2-119, or 524.2-120, a parent-child relationship exists between a child and the child's genetic parents, regardless of the parents' marital status. History: 2010 c 334…

524.2-118 ADOPTEE AND ADOPTEE'S ADOPTIVE PARENT OR PARENTS. § Subdivision 1.Parent-child relationship between adoptee and adoptive parent or parents. A parent-child relationship exists between an adoptee and the adoptee's adoptive parent or parents. § Subd. 2.Individual in proces…

524.2-119 ADOPTEE AND ADOPTEE'S GENETIC PARENTS. § Subdivision 1.Parent-child relationship between adoptee and genetic parents. Except as otherwise provided in subdivisions 2 to 5, unless otherwise decreed, a parent-child relationship does not exist between an adoptee and the ado…

524.2-120 CHILD CONCEIVED BY ASSISTED REPRODUCTION. § Subdivision 1.Third-party donor. A parent-child relationship does not exist between a child of assisted reproduction and a third-party donor. § Subd. 2.Parent-child relationship with birth mother. A parent-child relationship e…

524.2-121 NO EFFECT ON GESTATIONAL AGREEMENTS. This chapter does not affect law of this state regarding gestational agreements. History: 2010 c 334 s 12

524.2-122 NO EFFECT ON EQUITABLE ADOPTION. This chapter does not affect the doctrine of equitable adoption. History: 2010 c 334 s 13

524.2-123 INSTRUMENTS REFERENCING INTESTACY LAWS. If a maker has executed a will or other instrument before January 1, 1996, which directs disposition of all or part of the estate pursuant to the intestacy laws of the state of Minnesota, the laws to be applied shall be in accorda…

524.2-201 MS 1992 [Repealed, 1994 c 472 s 64] 524.2-201 DEFINITIONS. In this part: (1) As used in sections other than section 524.2-205, "decedent's nonprobate transfers to others" means the amounts that are included in the augmented estate under section 524.2-205. (2) "Interest …

524.2-202 MS 1992 [Repealed, 1994 c 472 s 64] 524.2-202 ELECTIVE SHARE. (a) Elective share amount. The surviving spouse of a decedent who dies domiciled in this state has a right of election, under the limitations and conditions stated in this part, to take an elective-share amou…

524.2-203 MS 1992 [Repealed, 1994 c 472 s 64] 524.2-203 COMPOSITION OF THE AUGMENTED ESTATE. Subject to section 524.2-208, the value of the augmented estate, to the extent provided in sections 524.2-204, 524.2-205, 524.2-206, and 524.2-207, consists of the sum of the values of al…

524.2-204 MS 1992 [Repealed, 1994 c 472 s 64] 524.2-204 DECEDENT'S NET PROBATE ESTATE. The value of the augmented estate includes the value of the decedent's probate estate, reduced by funeral and administration expenses, the homestead, family allowances and exemptions, liens, mo…

524.2-205 MS 1992 [Repealed, 1994 c 472 s 64] 524.2-205 DECEDENT'S NONPROBATE TRANSFERS TO OTHERS. The value of the augmented estate includes the value of the decedent's nonprobate transfers to others, other than the homestead, of any of the following types, in the amount provide…

524.2-206 MS 1992 [Repealed, 1994 c 472 s 64] 524.2-206 DECEDENT'S NONPROBATE TRANSFERS TO SURVIVING SPOUSE. Excluding the homestead and property passing to the surviving spouse under the federal Social Security system, the value of the augmented estate includes the value of the …

524.2-207 MS 1992 [Repealed, 1994 c 472 s 64] 524.2-207 SURVIVING SPOUSE'S PROPERTY AND NONPROBATE TRANSFERS TO OTHERS. (a) Included property. Except to the extent included in the augmented estate under section 524.2-204 or 524.2-206, the value of the augmented estate includes th…

524.2-208 EXCLUSIONS, VALUATION, AND OVERLAPPING APPLICATION. (a) Exclusions. The value of any property is excluded from the decedent's nonprobate transfers to others (i) to the extent the decedent received adequate and full consideration in money or money's worth for a transfer …

524.2-209 SOURCES FROM WHICH ELECTIVE SHARE PAYABLE. (a) Elective-share amount only. In a proceeding for an elective share, the following are applied first to satisfy the elective-share amount and to reduce or eliminate any contributions due from the decedent's probate estate and…

524.2-210 PERSONAL LIABILITY OF RECIPIENTS. (a) Only original recipients of the decedent's nonprobate transfers to others, and the donees of the recipients of the decedent's nonprobate transfers to others, to the extent the donees have the property or its proceeds, are liable to …

524.2-211 PROCEEDING FOR ELECTIVE SHARE; TIME LIMIT. (a) Except as provided in paragraph (b), the election must be made by filing in the court and mailing or delivering to the personal representative, if any, a petition for the elective share within nine months after the date of …

524.2-212 RIGHT OF ELECTION PERSONAL TO SURVIVING SPOUSE. The right of election of the surviving spouse may be exercised only during the surviving spouse's lifetime. In the case of a protected person, the right of election may be exercised only by order of the court in which prot…

524.2-213 WAIVER OF RIGHT TO ELECT AND OF OTHER RIGHTS. The right of election of a surviving spouse and the rights of the surviving spouse to the homestead, exempt property, and family allowance, or any of them, may be waived, wholly or partially, after marriage, by a written con…

524.2-214 PROTECTION OF PAYORS AND OTHER THIRD PARTIES. (a) Although under section 524.2-205 a payment, item of property, or other benefit is included in the decedent's nonprobate transfers to others, a payor or other third party is not liable for having made a payment or transfe…

524.2-215 SURVIVING SPOUSE RECEIVING MEDICAL ASSISTANCE. (a) Notwithstanding any law to the contrary, if a surviving spouse is receiving medical assistance under chapter 256B, when the person's spouse dies, then the provisions in paragraphs (b) to (f) apply. (b) Any time before a…

524.2-301 ENTITLEMENT OF SPOUSE; PREMARITAL WILL. (a) If a testator married after making a will and the spouse survives the testator, the surviving spouse shall receive a share of the estate of the testator equal in value to that which the surviving spouse would have received if …

524.2-302 OMITTED CHILDREN. (a) Except as provided in paragraph (b), if a testator's will fails to provide for any of the testator's children born or adopted after the execution of the will, the omitted after-born or after-adopted child receives a share in the estate as follows: …

524.2-401 APPLICABLE LAW. This part applies to the estate of a decedent who dies domiciled in this state. Rights to homestead, exempt property, and family allowance for a decedent who dies not domiciled in this state are governed by the law of the decedent's domicile at death. Hi…

524.2-402 DESCENT OF HOMESTEAD. (a) If there is a surviving spouse, the homestead, including a manufactured home which is the family residence, descends free from any testamentary or other disposition of it to which the spouse has not consented in writing or as provided by law, a…

524.2-403 EXEMPT PROPERTY. (a) If there is a surviving spouse, then, in addition to the homestead and family allowance, the surviving spouse is entitled from the estate to: (1) property not exceeding $15,000 in value in excess of any security interests therein, in household furni…

524.2-404 FAMILY ALLOWANCE. (a) In addition to the right to the homestead and exempt property, the decedent's surviving spouse and minor children whom the decedent was obligated to support, and children who were in fact being supported by the decedent, shall be allowed a reasonab…

524.2-405 SOURCE, DETERMINATION, AND DOCUMENTATION. (a) If the estate is otherwise sufficient, property specifically devised may not be used to satisfy rights to exempt property. Subject to this restriction, the surviving spouse, guardians or conservators of minor children, or ch…

524.2-501 WHO MAY MAKE A WILL. Any person 18 or more years of age who is of sound mind may make a will. History: 1975 c 347 s 22

524.2-502 EXECUTION; WITNESSED WILLS. Except as provided in sections 524.2-506 and 524.2-513, a will must be: (1) in writing; (2) signed by the testator or in the testator's name by some other individual in the testator's conscious presence and by the testator's direction or sign…

524.2-503 HARMLESS ERROR. (a) If a document or writing added upon a document was not executed in compliance with section 524.2-502, the document or writing is treated as if it had been executed in compliance with section 524.2-502 if the proponent of the document or writing estab…

524.2-504 SELF-PROVED WILL. (a) A will may be contemporaneously executed, attested, and made self-proved, by acknowledgment thereof by the testator and affidavits of the witnesses, each made in the presence of an officer authorized to administer oaths under the laws of the state …

524.2-505 WHO MAY WITNESS. (a) An individual generally competent to be a witness may act as a witness to a will. (b) The signing of a will by an interested witness does not invalidate the will or any provision of it. History: 1975 c 347 s 22; 1994 c 472 s 38

524.2-506 CHOICE OF LAW AS TO EXECUTION. A will is valid if executed in compliance with section 524.2-502 or if its execution complies with the law at the time of execution of the place where the testator executes the will, or of the law of the place where at the time of executio…

524.2-507 REVOCATION BY WRITING OR BY ACT. (a) A will or any part thereof is revoked: (1) by executing a subsequent will that revokes the previous will or part expressly or by inconsistency; or (2) by performing a revocatory act, if the testator performed the act with the intent …

524.2-508 REVOCATION BY CHANGES OF CIRCUMSTANCES. Except as provided in sections 524.2-803 and 524.2-804, a change of circumstances does not revoke a will or any part of it. History: 1975 c 347 s 22; 1994 c 472 s 40; 1995 c 130 s 12

524.2-509 REVIVAL OF REVOKED WILL. (a) If a subsequent will that wholly revoked a previous will is thereafter revoked by a revocatory act under section 524.2-507, paragraph (a), clause (2), the previous will remains revoked unless it is revived. The previous will is revived if it…

524.2-510 INCORPORATION BY REFERENCE. Any writing in existence when a will is executed may be incorporated by reference if the language of the will manifests this intent and describes the writing sufficiently to permit its identification. History: 1975 c 347 s 22

524.2-511 TESTAMENTARY ADDITIONS TO TRUSTS. (a) A will may validly devise property to the trustee of a trust established or to be established (i) during the testator's lifetime by the testator, by the testator and some other person, or by some other person, including a funded or …

524.2-512 EVENTS OF INDEPENDENT SIGNIFICANCE. A will may dispose of property by reference to acts and events that have significance apart from their effect upon the dispositions made by the will, whether they occur before or after the execution of the will or before or after the …