Election against the will was late and waived by agreement

In the Matter of the Estate of: Martha R. Houle DeHaven et al, A17-1762 filed June 11, 2018 (MN.App. 2018). The wife died in 2015. The husband had signed a consent and waiver of the elective share 6 years before the decedent died. On January 10, 2017 the husband tried to file to elect against the will. The election was not filed within 6 months of the date the will was probated.  Under Minn. Stat. §524.2-211(a) the election was late because it was not filed within 6 months of probating the will. While a court can extend this time limit (In re Estate of Kruegel, 551 N.W.2d 718) the court did not abuse its discretion to deny the extension.

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