Category Archives: 524.2-402

Signing a deed as spouse to fund a revocable trust is not necessarily a waiver of the exempt homestead election under Minn. Stat. ยง 524.2-402.

Anderson v. Houghtaling, Filed December 26, 2017; A17-0867 (Minn.Ct.App. 2017). The majority of this case is a malpractice case that is remanded to address factual issues and the malpractice analysis is interesting in its own right. But the court addressed … Continue reading

Posted in 524.2-402, Exempt Property, Homestead Exemption, probate, Spousal Rights, Statute of Limitations, trust, Waiver

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 … Continue reading

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