Category Archives: Spousal Rights

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

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