Excluded spouse under slayer statute can still have standing in probate, 524.1-201(33), 2-803(a), (f).

In re: Estate of Sandra Sandland, Deceased, A17-2016; Filed December 10, 2018. In this case the husband killed his wife. Under the Minnesota slayer statute Minn. Stat. § 524.5-803 the husband is no longer an heir of the estate. When a joint tenant owner kills the other owner the joint tenancy is severed and becomes a tenant in common interest. Johnson v. Gray, 533 N.W.2d 57 (Minn. App. 1995). A tenant in common owner can’t exclude a co-tenant in common owner. Petraborg v. Zontelli, 15 N.W.2d 174 (Minn. 1944). The husband was in prison and created a power of attorney to have a person act on his behalf. The POA wanted access to the house but the special administrator of the estate denied access arguing lack of standing for the POA. At issue is whether the POA has the right to enforce property interests for the surviving spouse when that surviving spouse was removed as an heir due to the slayer statute Minn. Stat. § 524.5-803. In this case the court of appeals found that although the husband was removed as an heir, he still had an interest in the estate because he was a co-tenant in common owner of the real estate and could sue the estate to protect his own personal rights of his property. The court also looked to Minn. Stat. § 524.1-201(33) to find that the husband remained an interested person in the estate because he is still a “spouse” under the statute and was included among “any others having a property right.” The POA is allowed to inspect the property and obtain the husband’s property.

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