Q: If a couple is married, can a husband leave a wife out of his will - including his shared of any assets jointly owned?
A:
The answer for Minnesota is No, you cannot completely disinherit your spouse.
Rather than me including the MN Statute, here is the link to the MN Elective Share Statute:
https://www.revisor.mn.gov/statutes/?id=524.2-202
You will see it also refers to the "augmented estate" so here is the link to that definition:
https://www.revisor.mn.gov/statutes/?id=524.2-203
Sorry, I cannot make it clearer, but the statutes are pretty straight-forward (for as far as statutes go...). If you have any additional questions, I am a MN Estate Planning Attorney and would be happy to help. You can find a link to my website by checking out my Justia Profile, or going here: www.makilawfirm.com
I hope this helps and best of luck! Merry Christmas and Happy New Year!
John Seay agrees with this answer
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