Does a surviving spouse have any rights to an intestate estate when there is a will?

In Minnesota, a surviving spouse does have certain rights to an intestate estate when there is a will present. This is true even if the will is silent on the issue. According to Minnesota intestate succession law, a surviving spouse has a statutory right to a share of the intestate estate, regardless of the terms of the will. This right is known as an election against the will and allows the surviving spouse to take a certain percentage of the estate. The amount the surviving spouse is eligible to receive depends on the other heirs of the deceased person. If the deceased person had children, the surviving spouse is entitled to receive one-half of the share of the estate that the children would have received if the person had died intestate. If the deceased person did not have children, then the surviving spouse is entitled to receive the entire intestate estate. In addition, the surviving spouse has the right to choose between taking their share of the intestate estate or taking whatever the deceased person left them in the will. This right is known as the right of election and allows the surviving spouse to choose the option that is more beneficial to them. Ultimately, a surviving spouse in Minnesota does have the right to receive a share of an intestate estate when there is a will present. This right is in place to protect the surviving spouse and ensure that they are taken care of in the event of the death of their spouse.

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Does a surviving spouse have any rights to an intestate estate when there is a will?

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