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CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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Divorce Law??'s When father is divorced & remarried. 7 years

Customer Question

Divorce Law??'s When father is divorced & remarried for approx. 7 years & current wife receives all of his estate after his death & 2 children from 1st marriage don't receive anything from his estate, is this the current law in Minnesota, or should his children have received something from his estate...as is of today, we know that current wife claims he did not leave a will & therefore she received all of his estate...Please advise!
Submitted: 1 year ago.
Category: Legal
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

If the decedent did not have a trust or a will, they would be deemed to have died "intestate" and his estate would pass through the "intestate succession statute" for Minnesota.

This statute is a little complicated in Minn. but you can find a helpful overview and chart depicting how the distribution would be made here: http://www.nolo.com/legal-encyclopedia/intestate-succession-minnesota.html