Is the surviving spouse always entitled to a share of the estate?

In Minnesota, the answer to whether or not a surviving spouse is always entitled to a share of an estate depends on the circumstances. Generally, if a married couple dies together and they have not made an estate plan or will, the surviving spouse is entitled to a share of the estate under state intestate succession law. Under Minnesota statutes, the surviving spouse is entitled to the first $225,000 plus one-half of the remaining estate. This means that the spouse will get a minimum of $225,000 or more than half of the estate, depending on the size of the estate. However, if the deceased individual had children, the surviving spouse is only entitled to a share of the estate if the deceased’s children are also the deceased’s children of the surviving spouse. If the deceased’s children are not the children of the surviving spouse, the surviving spouse is not necessarily entitled to a share of the estate. In these cases, the surviving spouse may be entitled to a portion of the estate, but the amount is dependent on the circumstances of the individual case. In summary, while surviving spouses are generally entitled to a share of the estate under Minnesota intestate succession law, the exact amount a surviving spouse is entitled to depends on the size of the estate and if the deceased had children that were not also the deceased’s children of the surviving spouse.

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Is the surviving spouse always entitled to a share of the estate?

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