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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 35378
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
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In Minnesota if a will was written prior to a marriage is it

Customer Question

In Minnesota if a will was written prior to a marriage is it still valid, or once the marriage takes place does the surviving spouse inherit everything?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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Marriage doesn't revoke a will, but it would revoke any portions of the will that might relate to a previous spouse with regard to gifts or appointment as executor.

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So the remainder of the will would still be valid and if the new spouse wasn't included in the will, then that spouse would be entitled to an "elective share" under MN Statutes where the amount depends on the duration of the marriage..

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If the decedent and the spouse were married to each other:The elective-share percentage is:

Less than one year Supplemental amount only

One year but less than two years Three percent of the augmented estate

Two years but less than three years Six percent of the augmented estate

Three years but less than four years Nine percent of the augmented estate

Four years but less than five years 12 percent of the augmented estate

Five years but less than six years 15 percent of the augmented estate

Six years but less than seven years 18 percent of the augmented estate

Seven years but less than eight years 21 percent of the augmented estate

Eight years but less than nine years 24 percent of the augmented estate

Nine years but less than ten years 27 percent of the augmented estate

Ten years but less than 11 30 percent of the augmented estate

11 years but less than 12 years 34 percent of the augmented estate

12 years but less than 13 years 38 percent of the augmented estate

13 years but less than 14 years 42 percent of the augmented estate

14 years but less than 15 years 46 percent of the augmented estate

15 years or more 50 percent of the augmented estate

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But this amount is not to be under $50,000 if the estate has over that amount in it.

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thanks

Barrister