2006 Minnesota Statutes

524.2-109 ADVANCEMENTS.
(a) If an individual dies intestate as to all or a portion of an estate, property the decedent gave
during the decedent's lifetime to an individual who, at the decedent's death, is an heir is treated as
an advancement against the heir's intestate share only if:
(i) the decedent declared in a contemporaneous writing or the heir acknowledged in writing
that the gift is an advancement; or
(ii) the decedent's contemporaneous writing or the heir's written acknowledgment otherwise
indicates that the gift is to be taken into account in computing the division and distribution of the
decedent's intestate estate.
(b) For purposes of paragraph (a), property advanced is valued as of the time the heir came
into possession or enjoyment of the property or as of the time of the decedent's death, whichever
first occurs.
(c) If the recipient of the property fails to survive the decedent, the property is not taken
into account in computing the division and distribution of the decedent's intestate estate, unless
the decedent's contemporaneous writing provides otherwise.
History: 1985 c 250 s 9; 1Sp1986 c 3 art 3 s 1; 1994 c 472 s 9