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Did you know that in Minnesota, your spouse may still have a legal right to a portion of your estate, even if your will says otherwise? This right is known as the elective share, and it serves as a safeguard built into state law to protect surviving spouses from being disinherited. Whether you’re creating an estate plan or reviewing an existing one, understanding how this rule works is important.
What Is Minnesota’s Elective Share?
Minnesota’s elective share allows a surviving spouse to claim a portion of their deceased partner’s estate, regardless of what’s written in the will. This right is set out under Minnesota Statutes § 524.2-202 and is designed to ensure that a surviving spouse isn’t left with too little after a partner passes away.
The elective share isn’t a fixed number, but instead grows in proportion to the length of the marriage. If someone dies and their will leaves very little or nothing to their spouse, the surviving spouse may choose to take the elective share instead.
Key facts:
- The elective share is based on the augmented estate (not just probate assets)
- It applies only if the surviving spouse chooses to take it
- It must be claimed within a specific time frame
How the Elective Share Is Calculated
The elective share in Minnesota is based on what’s called the “augmented estate.” This includes not only probate assets (like a home or personal property passed by will) but also certain non-probate assets. These may include:
- Joint bank accounts
- Payable-on-death designations
- Life insurance or retirement accounts
- Gifts made shortly before death
Minnesota uses a sliding scale to determine the percentage a surviving spouse can claim. The longer the marriage, the larger the share. Here’s a general idea of how it works:
- At 5 years of marriage, the elective share is 15%
- At 10 years, it increases to 30%
- After 15 years, the share reaches its maximum of 50%
This percentage applies to the value of the augmented estate, not just what’s included in the will or trust. It’s important to note that the surviving spouse must actively elect this option by filing with the probate court. The deadline is typically 9 months from the date of death or 6 months after the start of probate, whichever is later.
When and Why Spouses Exercise the Elective Share
Elective share claims usually happen when something in the estate plan feels unfair or unbalanced. Common situations include:
- A will that leaves most or all assets to children from a previous relationship
- Long-term marriages where the will only provides a small inheritance
- Estranged spouses who were never legally divorced
In some cases, a spouse may not have known they were left out of the will until after the death. The elective share gives them a legal remedy, but they have to act quickly. Failing to meet the deadline could result in losing that right entirely.
Estate Planning Strategies to Avoid Surprises
The best way to prevent conflict is to plan ahead. We help clients create estate plans that account for the elective share and reduce the risk of disputes.
Here are a few planning tools that can help:
- Prenuptial or postnuptial agreements: These can waive the elective share if both spouses agree in writing.
- Revocable trusts: These allow flexibility in how assets are passed while still respecting the law.
- Thoughtful asset titling: Making sure accounts and property are titled appropriately can help reflect your wishes.
- Beneficiary coordination: Retirement accounts, life insurance, and transfer-on-death deeds should all align with your estate plan.
For blended families or second marriages, it’s especially important to clarify intentions. We help clients find fair, workable solutions that protect everyone involved.
We Plan for These Issues Every Day
Estate planning is about protecting the people you love and avoiding unnecessary court battles. We work closely with individuals and couples to make sure their estate plans align with Minnesota law and meet their personal goals.
Whether you’re planning a first will, revising your trust, or helping a parent through probate, we take the time to understand your needs and explain your options. We believe that clear, thoughtful planning is the best way to honor your family’s future.
Take the Next Step in Your Planning
Minnesota’s elective share law can have a real impact on how your estate is divided. If you’re unsure how your plan will hold up, or if you’re the surviving spouse trying to understand your rights, we’re here to help.
Contact Unique Estate Law to protect your intentions and make informed choices for the future.