How Do I calculate The Minnesota Elective Share or Augmented Estate?

The “election against the will” is a combination of statutes that is used to guarantee a surviving spouse a minimum amount of assets at the time of death of the first spouse. The phrase “election against the will” is actually an incorrect description of the statute these days because the spouse still inherits under the will (unlike old law). This election can also be made if there is no will. If the decedent died intestate (without a will) but there are no probate assets, the surviving spouse can still make the election under the statutes. There are many unanswered questions regarding the computation of the elective share. I have written general rules and step-by-step instructions (that you use at your own risk and that I update from time-to-time) for computing the Spousal Elective Share (click on the link) and attached is a form to help you compute the elective share located here that you can get from Minnesota CLE.

About Robert McLeod

I can help you fight a will, fight a power of attorney, will contest, fight a guardianship, fight a conservatorship, create or revoke powers of attorney, wills or revocable trusts. What is probate? I can answer that for you. I can help you with all your probate needs.
This entry was posted in 524.2-202, 524.2-203, 524.2-204, 524.2-205, 524.2-206, 524.2-207, 524.2-208, 524.2-209, 524.2-210, 524.2-211, 524.2-212, 524.2-213, 524.2-214, 524.2-215, 524.2-402, Augmented Estate, Election Against The Will, Elective Share, Spousal Rights, Uncategorized. Bookmark the permalink.