2006 Minnesota Statutes

525.152 AWARD OF PROPERTY WITH SENTIMENTAL VALUE TO CHILDREN.
    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; and
(3) if the decedent dies testate, is a 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 arising out of the relationship of the eligible
child with the 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 where
the will was executed before August 1, 1989, and where the devise specifically identifies the
particular item of property, unless the property is selected under section 524.2-403;
(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 524.2-403; 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 524.2-403, 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 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.
History: 1988 c 417 s 3; 1989 c 219 s 2; 1997 c 7 art 1 s 166-168