Saint Cloud, MN asked in Estate Planning and Probate for Minnesota

Q: What happens if property is disposed according to "the deceased <lineal> descendants" ? Note the word "lineal".

Example: Both parents died instantly in a car crash and have 2 living adult children, Bob and Alice. Alice has 3 living adult kids. Bob never had any kids.

(A) Would Bob and Alice each receive 50% ?

(B) Or would Bob, Alice, and Alice's 3 kids all receive 20%, ie, the property being split equally 5 ways ?

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

A: Great question. It seems you are referring to "intestate succession", meaning the died without a valid will. Rather than "lineal" the term typically used is "class." Distributions in intestate succession are done by class. Since Bob and Alice are in the same class - children of the decedent's - and are the class closest to the decedent's, the distribution would end with them. So using only the facts given in your example, the correct answer would be A. I hope my explanation was clear. Thank You for your question!

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