Legal Question in Wills and Trusts in Minnesota
wills/probate
My sons father died without a will 2 years ago, after many failed attempts to communicate with his wife he had at the time of his death, I find it hard to believe that he had no provisions made for his only child. Is my son entitled to any of his estate?
1 Answer from Attorneys
Re: wills/probate
If there was no Will, the estate corpus would pass based on intestacy statutes. A grandchild would not be included in the statutes. A child may be.
If there is a surviving spouse, the homestead would go to that spouse. Additionally, the spouse would be entitled to a family allowance and the surviving spouse is entitled from the estate to:
(1) property not exceeding $10,000 in value in excess of any security interests therein, in household furniture, furnishings, appliances, and personal effects, subject to an award of sentimental value property under section 525.152; and
(2) one automobile, if any, without regard to value.
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