Minneapolis, MN asked in Estate Planning for Minnesota

Q: My cousin died intestate. She was a Minnesota resident. She has no living immediate family; parents, sibling deceased;

No children for her or her sibling. Her deceased father has one living brother; other siblings of both father and mother are dead. Would the Uncle be the only heir or would the children of the father’s deceased siblings also be heirs?

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2 Lawyer Answers
Scott Maki
Scott Maki
Answered
  • Estate Planning Lawyer
  • Marble, MN
  • Licensed in Minnesota

A: Thank You for your question! Minnesota has set out in Statute the order of preference when determining descendants if a Minnesota resident (or someone who has an interest in real estate in Minnesota) dies without a Will (known as "Intestate"). These rules are called "Intestate Succession." Below, you I have included an exact copy of Minnesota's intestate succession order of preference. As you will see, Minnesota law treats everyone in each succession generation equally - alive OR deceased - IF the deceased person has living descendants. Therefore, your cousin's uncle is not the only one who can receive a portion of the estate IF the other deceased aunts/uncles have living descendants.

524.2-106 REPRESENTATION.

(c)(1) In the case of descendants of the decedent's deceased parents or either of them, the estate or part thereof is divided into as many equal shares as there are (i) surviving descendants in the generation nearest the deceased parents or either of them, and (ii) deceased descendants in the same generation who left surviving descendants, if any. Each surviving descendant in the nearest generation is allocated one share, and the surviving descendants of each deceased descendant in the same generation are allocated one share,...

(see also Minnesota Statute 524.2-103 for the priority list for Intestate Succession)

I hope you found this information helpful! Good luck!

Scott Maki
Scott Maki
Answered
  • Estate Planning Lawyer
  • Marble, MN
  • Licensed in Minnesota

A: Thank You for your question! Minnesota has set out in Statute the order of preference when determining descendants if a Minnesota resident (or someone who has an interest in real estate in Minnesota) dies without a Will (known as "Intestate"). These rules are called "Intestate Succession." Below, you I have referenced the Minnesota Intestate Succession statutes that apply to your question. As you will see, Minnesota law treats everyone in each succession generation equally - alive OR deceased - IF the deceased person has living descendants. Therefore, your cousin's uncle is not the only one who can receive a portion of the estate IF the other deceased aunts/uncles have living descendants.

524.2-106 REPRESENTATION.

(c)(1) In the case of descendants of the decedent's deceased parents or either of them, the estate or part thereof is divided into as many equal shares as there are (i) surviving descendants in the generation nearest the deceased parents or either of them, and (ii) deceased descendants in the same generation who left surviving descendants, if any. Each surviving descendant in the nearest generation is allocated one share, and the surviving descendants of each deceased descendant in the same generation are allocated one share,...

(see also Minnesota Statute 524.2-103 for the priority list for Intestate Succession)

I hope you found this information helpful! Good luck!

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