Minneapolis, MN asked in Estate Planning for Minnesota

Q: If a couple is married, can a husband leave a wife out of his will - including his shared of any assets jointly owned?

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

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

1 user found this answer helpful

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