2006 Minnesota Statutes

524.2-106 REPRESENTATION.
(a) Application. If representation is called for by this article, paragraphs (b) and (c) apply.
(b) Decedent's descendants. In the case of descendants of the decedent, the estate is divided
into as many shares as there are surviving children of the decedent and deceased children who left
descendants who survive the decedent, each surviving child receiving one share and the share of
each deceased child being divided among its descendants in the same manner.
(c) Descendants of parents or grandparents. If, under section 524.2-103, clause (3) or (4),
a decedent's intestate estate or a part thereof passes by "representation" to the descendants of the
decedent's deceased parents or either of them or to the descendants of the decedent's deceased
paternal or maternal grandparents or either of them, the estate or part thereof is divided in the
following manner:
(1) In the case of descendants of the decedent's deceased parents or either of them, the estate
or part thereof is divided into as many equal shares as there are (i) surviving descendants in the
generation nearest the deceased parents or either of them, and (ii) deceased descendants in the
same generation who left surviving descendants, if any. Each surviving descendant in the nearest
generation is allocated one share, and the surviving descendants of each deceased descendant
in the same generation are allocated one share, to be divided in the same manner as specified in
paragraph (b).
(2) In the case of descendants of the decedent's deceased paternal or maternal grandparents
or either of them, the estate or part thereof is divided into as many equal shares as there are
surviving descendants in the generation nearest the deceased grandparents or either of them that
contains one or more surviving descendants. Each surviving descendant in the nearest generation
is allocated one share.
History: 1985 c 250 s 6; 1986 c 444; 1994 c 472 s 7