Can I disinherit my spouse or child in Minnesota?

1. Spousal Disinheritance. Minnesota is a separate-property state and has adopted the Uniform Probate Code. Under Minn. Stat. § 524.2-202, a surviving spouse is entitled to 50% of the marital-property portion of the augmented estate, with the marital-property portion determined on a sliding scale from 3% (less than 1 year) to 100% (15 or more years) per Minn. Stat. § 524.2-203 — full UPC conformity.

2. Augmented Estate. Minn. Stat. § 524.2-204 et seq. define the augmented estate consistent with UPC § 2-202, including probate property, non-probate transfers to others (revocable trusts, joint property, retirement accounts), non-probate transfers to the spouse, and the surviving spouse's own property.

3. Elective Share Procedure. The election must be filed within nine months after the decedent's death or six months after probate of the will, whichever is later, under Minn. Stat. § 524.2-211.

4. Pretermitted Child. Under Minn. Stat. § 524.2-302, a child born or adopted after the will and not provided for receives an intestate share unless the omission was intentional or provided for outside the will.

5. Intentional Disinheritance of Child. Adult and known children may be entirely disinherited; no forced heirship.

6. Louisiana Forced Heirship. Does not apply in Minnesota.

7. Prenuptial / Postnuptial Waiver. Minnesota enforces premarital agreements under Minn. Stat. § 519.11 with full and fair disclosure and an opportunity to consult independent counsel.

8. Homestead, Family Allowance, Exempt Property. Homestead under Minn. Stat. § 524.2-402, exempt property under § 524.2-403 ($15,000), and family allowance under § 524.2-404, in addition to elective share.

9. Will Contest Grounds. Lack of capacity, undue influence, fraud, or improper execution; contest filed under UPC provisions at Minn. Stat. ch. 524.

This is legal information, not legal advice.