1998 Minnesota Statutes

     524.2-301 Entitlement of spouse; premarital will. 

    (a) A testator's surviving spouse, who married the testator 
 after the testator's will was executed, is entitled to receive, 
 as an intestate share, no less than the value of the share of 
 the estate the surviving spouse would have received if the 
 testator had died intestate as to that portion of the testator's 
 estate, if any, that neither is devised to a child of the 
 testator who was born before the testator married the surviving 
 spouse and who is not a child of the surviving spouse nor is 
 devised to a descendant of such a child or passes under section 
 524.2-603 or 524.2-604 to such a child or to a descendant of 
 such a child, unless: 

    (1) it appears from the will or other evidence that the 
 will was made in contemplation of the testator's marriage to the 
 surviving spouse; 

    (2) the will expresses the intention that it is to be 
 effective notwithstanding any subsequent marriage; or 

    (3) the testator provided for the spouse by transfer 
 outside the will and the intent that the transfer be in lieu of 
 a testamentary provision is shown by the testator's statements 
 or is reasonably inferred from the amount of the transfer or 
 other evidence. 

    (b) In satisfying the share provided by this section, 
 devises made by the will to the testator's surviving spouse, if 
 any, are applied first, and other devises, other than a devise 
 to a child of the testator who was born before the testator 
 married the surviving spouse and who is not a child of the 
 surviving spouse or a devise or substitute gift under section 
 524.2-603 or 524.2-604 to a descendant of such a child, abate as 
 provided in section 524.3-902. 

    HIST: 1985 c 250 s 21; 1986 c 444; 1994 c 472 s 29