Are there any restrictions on who can receive assets from an intestate estate?
Yes, there are certain restrictions on who can receive assets from an intestate estate in Minnesota. Intestate succession law is the law that determines who should receive the property of an individual who dies without a will. Under Minnesota law, the surviving spouse or domestic partner of the deceased is the first in line, receiving a total of up to one-half of the intestate estate. The other half of the intestate estate is then passed on to the deceased’s surviving children or their descendants. If there are no surviving children, the surviving spouse or domestic partner receives the entirety of the intestate estate. If a decedent leaves no surviving spouse or domestic partner, the intestate estate passes to the deceased’s next of kin. This typically includes the decedent’s parents, siblings, and other more distant kin. Minnesota law also restricts assets from an intestate estate from being inherited by someone who has been convicted of intentionally causing or assisting in the death of the decedent. Furthermore, the state disqualifies anyone who was convicted of certain types of violence or abuse toward the decedent from inheriting assets. This provision is intended to protect vulnerable and elderly individuals.
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