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Intestate Estates (No Will)

If you die without a valid Will while residing in the State of Minnesota, you are said to have died "intestate" and your children or heirs will receive an "intestate share" of your property. The size of each share depends on how many children or heirs you have and whether or not you are married. In this circumstance, in order to determine who will receive your property, the State of Minnesota has established a number of laws known as "intestacy laws" or "laws of intestate succession," in essence the State of Minnesota creates a Will for you.

What is Affected by Intestate Succession Laws?

Only assets that would have passed through your Will are affected by intestate succession laws. Usually, that includes only assets that you own in your name alone. Many valuable assets aren't affected by MN intestate succession laws. Here are some examples:

  • property that has been transferred to a living trust
  • life insurance proceeds
  • funds in an IRA, 401(k), or other retirement account
  • securities held in a transfer-on-death account
  • payable-on-death bank accounts
  • real estate held by transfer-on-death or beneficiary deed, or
  • property you own with someone else in joint tenancy.

These assets will pass to the surviving co-owner or to the beneficiary you named, whether or not you have a Will.

Schedule a Consultation

Our attorneys take the time to understand your unique needs, values and goals and take a personal, practical approach to your individual case.

Martin & Wagner, P.A. attorneys offer a free ½ hour consultation with our experienced lawyers in the matters relating to Intestate Estates and matters relating to estates when a person dies without a Will.

From our Rogers law office, we provide legal representation to clients throughout the Greater Twin Cities area including but not limited to, Albertville, Anoka, Buffalo, Elk River, Maple Grove, Minneapolis, Monticello, and St. Michael and other communities within Hennepin County, Wright County, Stearns County, Sherburne County, and Anoka County.

Free Half Hour Initial Consultation


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