Legal Question in Wills and Trusts in Minnesota

Re: inheritance

Disclaimer:

This response is for information purposes only and does not create an attorney-client relationship. You are advised to consult the attorney of your choice concering the details of your case.

Response:

Most interesting question I've seen so far here at LawGuru. "Interesting" usually means bad, because it's hard to figure out an answer. This time, however, I think I have the answer.

Minnesota Statues Sec. 524.2-804 deals with revocation of a will when the party who made the will gets a divorce. In such a case, the divorced former spouse is considered to be predeceased (dead already) for purposes of the will. The statute goes on to say: "No change of circumstances other than as described in this section revokes a will."

I take this to mean that the will in question remains in full force and effect, and that you still take your share under it. Your grandmother's will would only be changed by a divorce that your grandmother went through, not by her son's divorce. Her son's divorce and the adoption would be some of those other circumstances that don't change anything. The fact your name changed also means nothing as far as I can see.

My suggestion to you is that you find a good lawyer to represent you and pursue a claim against the estate. I think you'll win.

Good luck.