Minnesota Session Laws - 1989, Regular Session

  

                         Laws of Minnesota 1989 

                        CHAPTER 219-H.F.No. 1355 
           An act relating to probate; modifying provisions for 
          the award of sentimental property and family 
          allowances; amending Minnesota Statutes 1988, sections 
          525.151; and 525.152. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1988, 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 525.152.  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 the property, provided that any 
notice required under section 525.152, 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 include provision for a family allowance larger or 
smaller than that which the personal representative determined 
or could have determined. 
    Sec. 2.  Minnesota Statutes 1988, section 525.152, is 
amended to read: 
    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); and 
    (3) is the child of a previous spouse of the decedent; and 
    (4) if the decedent dies testate, is a successor devisee 
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 individual who is the nondecedent 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; where the will was executed before the 
effective date of this section, and where the devise 
specifically identifies the particular item of property, unless 
the property is selected under section 525.151; 
    (3) personal property that is the subject of a specific 
devise under a separate writing under section 524.2-513, unless 
the property is selected under section 525.151; and 
    (4) 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 the individual who is the nondecedent parent of the 
eligible child. 
    Subd. 5.  [PAYMENT TO ESTATE.] (a) 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. 
    (b) If the court awards property under subdivision 4, the 
court shall appoint an appraiser who shall determine the value 
of the property.  The value of the property is its appraised 
value as of the date of the decedent's death without reference 
to its sentimental value to the eligible child or any other 
person. 
    Presented to the governor May 19, 1989 
    Signed by the governor May 19, 1989, 11:46 p.m.