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?

Related Topics:
1 Lawyer Answer
Scott Maki
Scott Maki
  • Estate Planning Lawyer
  • Moorhead, 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:


You will see it also refers to the "augmented estate" so here is the link to that definition:


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

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.