Minnesota Session Laws - 1988, Regular Session

  

                         Laws of Minnesota 1988 

                        CHAPTER 417-S.F.No. 896 
           An act relating to probate; providing for the award of 
          sentimental property to the decedent's children; 
          amending Minnesota Statutes 1986, sections 525.15; and 
          525.151; proposing coding for new law in Minnesota 
          Statutes, chapter 525. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 525.15, is 
amended to read:  
    525.15 [ALLOWANCES TO SPOUSE.] 
    When any person dies, testate or intestate, 
    (1) The surviving spouse shall be allowed from the personal 
property of which the decedent was possessed or to which the 
decedent was entitled at the time of death, the wearing apparel, 
and, as selected, furniture and household goods not exceeding 
$6,000 in value, and other personal property not exceeding 
$3,000 in value, subject to an award of property with 
sentimental value to the decedent's children under section 3; 
    (2) When, except for one automobile, all of the personal 
estate of the decedent is allowed to the surviving spouse by 
clause (1), the surviving spouse shall also be allowed such the 
automobile; 
    (3) If there be no surviving spouse, the minor children 
shall receive the property specified in clause (1) as selected 
in their behalf; 
    (4) During administration, but not exceeding 18 months, 
unless an extension shall have been granted by the court, or, if 
the estate be insolvent, not exceeding 12 months, the spouse or 
children, or both, constituting the family of the decedent shall 
be allowed reasonable maintenance; 
    (5) In the administration of an estate of a nonresident 
decedent, the allowances received in the domiciliary 
administration shall be deducted from the allowances under this 
section. 
    Sec. 2.  Minnesota Statutes 1986, section 525.151, is 
amended to read:  
    525.151 [ALLOWANCE SELECTION AND MAINTENANCE PAYMENT.] 
    The surviving spouse, and conservators or guardians of the 
minor children, may select the property of the estate allowed to 
them under section 525.15, clauses (1), (2) and (3), subject to 
an award of property with sentimental value to the decedent's 
children under section 3.  The personal representative may make 
these selections if the surviving spouse or the conservators or 
guardians of the minor children are unable or fail to do so 
within a reasonable time or if there are no conservators or 
guardians of the minor children.  The personal representative 
may execute an instrument or deed of distribution to establish 
the ownership of such the property, provided that any notice 
required under section 3, subdivision 3, has been given and 
eligible children have failed to request an award of property 
with sentimental value or the court has denied the request.  The 
personal representative may determine maintenance in periodic 
installments not exceeding $500 per month for one year, if the 
estate is insolvent or 18 months if the estate is solvent, and 
may disburse funds of the estate in payment of such 
maintenance.  The personal representative or any interested 
person aggrieved by any selection, determination, payment, 
proposed payment, or failure to act under this section may 
petition the court for appropriate relief which relief may 
provide a family allowance larger or smaller than that which the 
personal representative determined or could have determined. 
    Sec. 3.  [525.152] [AWARD OF PROPERTY WITH SENTIMENTAL 
VALUE TO CHILDREN OF PRIOR MARRIAGE.] 
    Subdivision 1.  [DEFINITIONS.] (a) "Eligible child" means a 
child of the decedent who: 
    (1) is not the child of the surviving spouse, if any; 
    (2) if there is no surviving spouse, is not a minor, and 
has a different parent than minor children of the decedent who 
are entitled to an allowance selection under section 525.15, 
clause (3);  
    (3) is the child of a previous spouse of the decedent; and 
    (4) if the decedent dies testate, is a successor under the 
decedent's will. 
    (b) "Sentimental value" means significant emotional or 
nostalgic value arising out of the relationship of an individual 
with the decedent or, in the case of an eligible child, arising 
out of the relationship of the eligible child with the prior 
spouse of the decedent who is the parent of the eligible child.  
    Subd. 2.  [INELIGIBLE PROPERTY.] The following property is 
not eligible for an award under this section: 
    (1) real property; 
    (2) personal property that is the subject of a specific 
devise under the decedent's will or under a separate writing 
under section 524.2-513; and 
    (3) personal property disposed of by a premarital agreement.
    Subd. 3.  [NOTICE TO ELIGIBLE CHILDREN; PETITION.] At the 
time of an allowance selection under section 525.151, the person 
making the selection shall serve personally or by mail a written 
itemized notice of the property selected to every eligible child 
of the decedent.  This requirement does not apply if an award of 
property with sentimental value already has been made under this 
section.  Within 30 days of receipt of the notice of selection, 
an eligible child may petition the court to award property with 
sentimental value contained in the notice, or other property 
with sentimental value that belonged to the decedent, to the 
eligible child. 
    Subd. 4.  [COURT DECISION.] The court shall award property 
with sentimental value to an eligible child if it finds that the 
property's sentimental value to the child outweighs its 
sentimental value to the person entitled to the allowance 
selection.  If more than one eligible child petitions the court 
for an award of the same property, the court shall award the 
property to the child for whom the property has the greatest 
sentimental value.  In awarding property with sentimental value 
to an eligible child, the court shall give weight to the 
following factors: 
    (1) the relationship of the eligible child to the 
acquisition and use of the property; 
    (2) whether the property was acquired prior to the 
decedent's marriage to the surviving spouse or prior to the 
birth of minor children who are entitled to an allowance 
selection; and 
    (3) whether the property belonged to a prior spouse of the 
decedent who is the parent of the eligible child. 
    Subd. 5.  [PAYMENT TO ESTATE.] As a condition of an award 
of sentimental property under this section, the court shall 
order that the eligible child pay the value of the property to 
the estate or that the value of the property be deducted from 
the eligible child's share of the estate.  The surviving spouse 
or minor children may make an additional allowance selection in 
place of property with sentimental value awarded to an eligible 
child. 
     Sec. 4.  [EFFECTIVE DATE.] 
    This act is effective August 1, 1988, and applies to 
estates of decedents dying on or after that date. 
    Approved March 25, 1988