How can a surviving spouse protect their rights in an intestate estate?

In Minnesota, a surviving spouse of an intestate estate has certain rights that must be protected. To ensure these rights are upheld, a surviving spouse should take some proactive steps. First, a surviving spouse should obtain copies of the decedent’s death certificate and will or trust, if applicable. These documents provide important information about the decedent’s wishes and will help the surviving spouse determine the appropriate course of action. Second, the surviving spouse should contact the executor of the estate, as they are responsible for administering the estate according to the laws in Minnesota. The executor can provide guidance, advice, and ensure the documents related to the estate are filed properly. Third, the surviving spouse should consult with an experienced estate planning attorney. The attorney can help the surviving spouse understand their rights according to Minnesota intestate succession laws and create a plan to protect those rights. Fourth, the surviving spouse should create a checklist that outlines the tasks and decisions that must be made. This will help the surviving spouse stay organized and avoid any missteps during the process. Finally, the surviving spouse should be aware of any deadlines that must be met in order for their rights to be protected. Missing a deadline could mean forfeiting certain rights to the estate. These proactive steps can help ensure a surviving spouse’s rights are protected in accordance with Minnesota intestate succession laws.

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