Category Archives: Election Against The Will

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 … Continue reading

Posted in 524.2-211, Augmented Estate, Election Against The Will, Elective Share, probate, Waiver

2017-2018 Minnesota Case Law Update

The annual 2017 – 2018 Minnesota Case law update is located here at 2018 Minnesota Case Law Update.

Posted in Ante Nuptial, appeals, Attorney fees, attorney-client, Augmented Estate, Bond, case law, Case Law Update, Challenging Parentage, Children, Claims, Conservatorship, Election Against The Will, Elective Share, Equitable, Exempt Property, Financial Exploitation, Formal Probate, Good Faith Purchaser for value, Guardianship, Homestead Exemption, Informal Probate, Malpractice, Notice, Parentage, Personal Representative, Power of Attorney, Prince Estate, probate, Removal, Some Damage, Spousal Rights, Standing, Statute of Limitations, Strict Compliance, surcharge, trust, Uncategorized, Undue Influence, Vulnerable Adult

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