Legal Question in Wills and Trusts in Minnesota

Re: wills and remarriage

I will assume that your question is "what happens to Dad's heirs?"

If he writes a will, his estate will be controlled for the most part by that. In a situation like his, he better do one.

Without a will, off the top the spouse gets some allowances. These would include most of the personal property - that being funiture, automobile, clothing, etc. Then she is entitled to a life estate in the hometead - if there is one that is only in his name.

After that, the spouse gets a third of what's left over, and the children - his children - would get two thirds; UNLESS there is only one child, in which case the fraction is one half instead of one third.

The situation would be different if he is supporting minor children.

A prenuptual contract can be done any time up until the day before the wedding. It might mak life easier for both of them if they did this.

Ultimately, however, it is their business and not yours. Let them find some happiness.

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

Re: wills and remarriage

I will assume that your question is "what happens to Dad's heirs?"

If he writes a will, his estate will be controlled for the most part by that. In a situation like his, he better do one.

Without a will, off the top the spouse gets some allowances. These would include most of the personal property - that being funiture, automobile, clothing, etc. Then she is entitled to a life estate in the hometead - if there is one that is only in his name.

After that, the spouse gets a third of what's left over, and the children - his children - would get two thirds; UNLESS there is only one child, in which case the fraction is one half instead of two thirds.

The situation would be different if he is supporting minor children.

A prenuptual contract can be done any time up until the day before the wedding. It might mak life easier for both of them if they did this.

Ultimately, however, it is their business and not yours. Let them find some happiness.

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