The loss of a loved one is always a challenging experience, but certain details about the situation can make it much more difficult to process than it might otherwise be. The grief that follows the tragedy can become much more challenging to process when surviving family members realize that there is no will or other estate planning documents.
That situation can lead to disputes that can tear families apart. Especially in a blended family scenario where a parent remarried, there can be conflict between a surviving spouse and the children of the decedent regarding the distribution of their estate. For those in the Twin Cities area, Minnesota state law clearly outlines what should happen when a person dies without a will.
Intestate succession laws provide guidance
The legal term for dying without a will is “dying intestate.” When a person dies intestate, state law, rather than their previously-expressed wishes, dictates what happens with their property.
The law in Minnesota favors immediate family members. Spouses have a protected right of inheritance, although the portion of the estate that they receive depends on whether or not they are also the parent of the surviving children.
If the surviving spouse is also the parent of the surviving children of the deceased person, then the surviving spouse inherits the entirety of the intestate estate. This rule is in place in part because there is a presumption that the children are likely to inherit what remains of the estate after the surviving spouse’s death.
The matter becomes a bit more complex when the surviving spouse is a stepparent who has not adopted their stepchildren. In that scenario, as they are not a biological or legal parent, they must share the estate with the children. A surviving spouse typically inherits at least the $225,000 of the estate’s resources, as well as half the balance. The surviving children split the remainder.
This protects against scenarios in which new spouses receive the entirety of an inheritance and then create their own estate plans, essentially eliminating the children’s right to inherit from their parent. Disputes about asset distribution during probate proceedings are relatively common.
Oftentimes, when it comes to St. Paul or Minneapolis intestate succession scenarios involving blended families, there may be disagreements about how to value and divide estate resources. Consulting with an attorney when the lack of a will becomes apparent can help people understand what the law requires during the probate process.