SF 2069

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to probate; changing provisions for descent 
  1.3             of homesteads and property exemptions; amending 
  1.4             Minnesota Statutes 1994, sections 524.2-402; and 
  1.5             524.2-403. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1994, section 524.2-402, is 
  1.8   amended to read: 
  1.9      524.2-402 [DESCENT OF HOMESTEAD.] 
  1.10     (a) If there is a surviving spouse, the homestead, 
  1.11  including a manufactured home which is the family residence, 
  1.12  descends free from any testamentary or other disposition of it 
  1.13  to which the spouse has not consented in writing or as provided 
  1.14  by law, as follows: 
  1.15     (1) if there is no surviving descendant of decedent, to the 
  1.16  spouse; or 
  1.17     (2) if there are surviving descendants of decedent, then to 
  1.18  the spouse for the term of the spouse's natural life and the 
  1.19  remainder in equal shares to the decedent's descendants by 
  1.20  representation. 
  1.21     (b) If there is no surviving spouse and the homestead has 
  1.22  not been disposed of by will it descends as other real estate. 
  1.23     (c) If the homestead passes by descent or will to the 
  1.24  spouse or decedent's descendants, it is exempt from all debts 
  1.25  which were not valid charges on it at the time of decedent's 
  2.1   death except that the homestead is subject to a claim filed 
  2.2   pursuant to section section 261.04, 246.53 for state hospital 
  2.3   care, or 256B.15 for medical assistance benefits.  If the 
  2.4   homestead passes to a person other than a spouse or decedent's 
  2.5   descendants, it is subject to the payment of the items mentioned 
  2.6   in section 524.2-101.  No lien or other charge against a 
  2.7   homestead so exempted is enforceable in the probate court, but 
  2.8   the claimant may enforce the lien or charge by an appropriate 
  2.9   action in the district court. 
  2.10     (d) For purposes of this section, except as provided in 
  2.11  section 524.2-301, the surviving spouse is deemed to consent to 
  2.12  any testamentary or other disposition of the homestead to which 
  2.13  the spouse has not previously consented in writing unless the 
  2.14  spouse files in the manner provided in section 524.2-211, 
  2.15  paragraph (f), a petition that asserts the homestead rights 
  2.16  provided to the spouse by this section. 
  2.17     Sec. 2.  Minnesota Statutes 1994, section 524.2-403, is 
  2.18  amended to read: 
  2.19     524.2-403 [EXEMPT PROPERTY.] 
  2.20     (a) If there is a surviving spouse, then, in addition to 
  2.21  the homestead and family allowance, the surviving spouse is 
  2.22  entitled from the estate to: 
  2.23     (1) property not exceeding $10,000 in value in excess of 
  2.24  any security interests therein, in household furniture, 
  2.25  furnishings, appliances, and personal effects, subject to an 
  2.26  award of sentimental value property under section 525.152; and 
  2.27     (2) one automobile, if any, without regard to value. 
  2.28     (b) If there is no surviving spouse, the decedent's 
  2.29  children are entitled jointly to the same property as provided 
  2.30  in paragraph (a), subject to the limitations on the priority of 
  2.31  the rights of children who are adults over the claims described 
  2.32  in paragraph (e). 
  2.33     (c) If encumbered chattels are selected and the value in 
  2.34  excess of security interests, plus that of other exempt 
  2.35  property, is less than $10,000, or if there is not $10,000 worth 
  2.36  of exempt property in the estate, the surviving spouse or 
  3.1   children are entitled to other personal property of the estate, 
  3.2   if any, to the extent necessary to make up the $10,000 value. 
  3.3      (d) If there is a surviving spouse, minor children, or 
  3.4   minor children and children who are adults, rights to exempt 
  3.5   property and assets needed to make up a deficiency of exempt 
  3.6   property have priority over all claims against the estate, but 
  3.7   the right to any assets to make up a deficiency of exempt 
  3.8   property abates as necessary to permit earlier payment of the 
  3.9   family allowance. 
  3.10     (e) If there is no surviving spouse or minor children but 
  3.11  there are surviving children who are adults, their rights to any 
  3.12  automobile and any assets needed to make up a deficiency of 
  3.13  exempt property do not have priority over claims of any 
  3.14  governmental agency which are authorized by sections 261.04, 
  3.15  246.53, and 256B.15. 
  3.16     (f) The rights granted by this section are in addition to 
  3.17  any benefit or share passing to the surviving spouse or children 
  3.18  by the decedent's will, unless otherwise provided by intestate 
  3.19  succession or by way of elective share. 
  3.20     Sec. 3.  [EFFECTIVE DATE.] 
  3.21     Sections 1 and 2 are retroactive to January 1, 1996.