§ 524.2-102 — Share of the Spouse
Plain-Language Summary
When someone dies without a will in Minnesota, their surviving spouse gets a share of the estate. If all the children belong to both spouses and there are no other descendants, the spouse gets everything. If there are children from other relationships, the spouse gets the first $225,000 plus half of whatever is left.
524.2-102 SHARE OF THE SPOUSE.
The intestate share of a decedent’s surviving spouse is:
(1) the entire intestate estate if:
(i) no descendant of the decedent survives the decedent; or
(ii) all of the decedent’s surviving descendants are also descendants of the surviving spouse and there is no other descendant of the surviving spouse who survives the decedent;
(2) the first $225,000, plus one-half of any balance of the intestate estate, if all of the decedent’s surviving descendants are also descendants of the surviving spouse and the surviving spouse has one or more surviving descendants who are not descendants of the decedent, or if one or more of the decedent’s surviving descendants are not descendants of the surviving spouse.
History:
1985 c 250 s 2; 1994 c 472 s 3; 2016 c 135 art 2 s 22
History: History: 1985 c 250 s 2; 1994 c 472 s 3; 2016 c 135 art 2 s 22