Section 524.2-202 Elective Share - Minnesota Statutes

524.2-202 MS 1992 [Repealed, 1994 c 472 s 64]

524.2-202 ELECTIVE SHARE.

(a) Elective share amount. The surviving spouse of a decedent who dies domiciled in this state has a right of election, under the limitations and conditions stated in this part, to take an elective-share amount equal to the value of the elective-share percentage of the augmented estate, determined by the length of time the spouse and the decedent were married to each other, in accordance with the following schedule:

	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 years		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

(b) Supplemental elective-share amount. If the sum of the amounts described in sections 524.2-207, 524.2-209, paragraph (a), clause (1), and that part of the elective-share amount payable from the decedent's probate estate and nonprobate transfers to others under section 524.2-209, paragraphs (b) and (c), is less than $50,000, the surviving spouse is entitled to a supplemental elective-share amount equal to $50,000, minus the sum of the amounts described in those sections. The supplemental elective-share amount is payable from the decedent's probate estate and from recipients of the decedent's nonprobate transfers to others in the order of priority set forth in section 524.2-209, paragraphs (b) and (c).

(c) Effect of election on statutory benefits. If the right of election is exercised by or on behalf of the surviving spouse, the surviving spouse's homestead rights and other allowances under sections 524.2-402, 524.2-403 and 524.2-404, if any, are not charged against but are in addition to the elective-share and supplemental elective-share amounts.

(d) Nondomiciliary. The right, if any, of the surviving spouse of a decedent who dies domiciled outside this state to take an elective share in property in this state is governed by the law of the decedent's domicile at death.

History:

1994 c 472 s 16