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524.2-404 FAMILY ALLOWANCE.
(a) In addition to the right to the homestead and exempt property, the decedent's surviving
spouse and minor children whom the decedent was obligated to support, and children who were in
fact being supported by the decedent, shall be allowed a reasonable family allowance in money
out of the estate for their maintenance as follows:
(1) for one year if the estate is inadequate to discharge allowed claims; or
(2) for 18 months if the estate is adequate to discharge allowed claims.
(b) The amount of the family allowance may be determined by the personal representative in
an amount not to exceed $1,500 per month.
(c) The family allowance is payable to the surviving spouse, if living; otherwise to the
children, their guardian or conservator, or persons having their care and custody.
(d) The family allowance is exempt from and has priority over all claims.
(e) The family allowance is not chargeable against any benefit or share passing to the
surviving spouse or children by the will of the decedent unless otherwise provided, by intestate
succession or by way of elective share. The death of any person entitled to family allowance does
not terminate the right of that person to the allowance.
(f) The personal representative or an interested person aggrieved by any determination,
payment, proposed payment, or failure to act under this section may petition the court for
appropriate relief, which may include a family allowance other than that which the personal
representative determined or could have determined.
History: 1994 c 472 s 34

Official Publication of the State of Minnesota
Revisor of Statutes