Legal Question in Wills and Trusts in Minnesota

Marital property

Can one spouse in a marriage leave marital property to an outside party with out the other spouses knowledge or permission? How is marital property determined? What rights does the surviving spouse have it the deceased spouse has left it in his will that his assets should be divided between 4 people ( the spouse and 3 other non family members).


Asked on 8/10/04, 12:25 pm

1 Answer from Attorneys
J. Chris Carpenter Harvey and Carpenter

Re: Marital property

Thank you for your question. Marital property is property that was acquired during the marriage. Property that was owned prior to the marriage and gifts made specifically to one spouse are not marital property. Minnesota law grants the spouse of a decedent a "marital share" of the assets, meaning that the spouse can take the marital share in place of the gifts made in the will.

If you have any further questions, please feel free to give me a call.

Regards,

Luke Robinson

Attorney at Law

Chesley, Kroon, Chambers, Harvey & Carpenter

(507) 625-3000

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Answered on 8/10/04, 4:15 pm


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