Category Archives: Waiver

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

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