Legal Question in Wills and Trusts in Minnesota

This is a complicated question and has a couple of answers. Generally the will is going to take precedence over any sort of prenuptial agreement. Of course this depends upon whether the prenuptial agreement mentions death of one spouse or whether the parties agreed upon how they would assign property in their wills. In addition, the prenuptial agreement would have had to have been properly executed in order to be valid. In addition, Minnesota State Statute has a provision that allows a spouse to do what is called "Taking against the will". This provision allows a spouse to get a percentage of the other spouse's property regardless of what the will says. The percentage is based upon how long they were married. As this is a complex issue, you should see a lawyer. Feel free to contact me.

Timothy P. Stone

Chesley, Kroon, Harvey and Carpenter, P.L.L.P.

507-625-3000

[email protected]