Minnesota Statutes

Minn. Stat. § 525.16 (2026)

[Repealed]

✓ current as of May 2026

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MS 1984 [Repealed, 1985 c 250 s 27]

Notes of Decisions

Cited in 25 cases, 1942–1996 · leading case: In Re the Trusts Created in & by the Last Will & Testament of HARTMAN, 347 N.W.2d 480 (Minn. 1984).

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In Re the Trusts Created in & by the Last Will & Testament of HARTMAN, 347 N.W.2d 480 (Minn. 1984). · cites it 8× “16(4)(d) (1982); the $3,000 gift to Agnes Malischke will be distributed to Karl Malischke, see Minn.Stat. § 525.16(4)(a) (1982); and the $1,000 gift will be distributed to Karl Malischke.”

Matter of Est. of Shapiro, 380 N.W.2d 796 (Minn. 1986). · cites it 14× “We granted the trustees’ petition for further review to discuss whether the surviving spouse’s elective share under Minn. Stat. § 525.16 (1974) is calculated before federal estate taxes are deducted from the estate.”

Matter of Est. of Shapiro, 362 N.W.2d 390 (Minn. Ct. App. 1985). · cites it 14× “They contend the clear language of the statute governing elective shares, Minn. Stat. § 525.16 (1974), requires that federal estate taxes be deducted before the elective share is determined.”

Eustice Ex Rel. Eustice v. Jewison, 413 N.W.2d 114 (Minn. 1987). · cites it 2× “If the homestead passes to a person other than a spouse or child or issue of a deceased child, it shall be subject to the payment of the items mentioned in section 525.16. No lien or other charge against any homestead which is so exempted shall be enforced in the probate court,…”

Peevy v. Mut. Servs. Cas. Ins. Co., 346 N.W.2d 120 (Minn. 1984). · cites it 2× “Similarly, under the intestate succession law, Minn.Stat. § 525.16 (1982), the probate code, Minn.”

Koep v. Karger, 93 N.W.2d 137 (Minn. 1958). · cites it 2× “Section 525.16 (4) (c) provides that a parent may inherit only in the event that decedent leaves no surviving issue or spouse.”

In Re Est. of Karger, 253 Minn. 542 (Minn. 1958). · cites it 2× “Section 525.16 (4)(c) provides that a parent may inherit only in the event that decedent leaves no surviving issue or spouse.”

Larsen v. Erickson, 24 N.W.2d 711 (Minn. 1946). · cites it 3× “145(1), 3 provides: “Where there is a surviving spouse the homestead shall descend free from any testamentary or other disposition thereof to which such spouse has not consented in writing or by election to take under the will as provided by law, * * Section 525.16(2), 4 so far…”

Martz v. Revier, 170 N.W.2d 83 (Minn. 1969). · cites it 2× “02, that statute must be considered in conjunction with the inheritance statute, § 525.16(4) (c), which states: “If there be no surviving issue nor spouse, then [the property of the decedent descends] to the father and mother in equal shares, or if but one survive, then to such…”

Staples v. Miller, 319 N.W.2d 57 (Minn. 1982). · cites it 2× “Minn.Stat. § 525.16 (1980). However, Mary’s right to claim her one-third interest has expired under another Minnesota law which limits the time during which a surviving spouse may lay claim to his or her statutory share of a decedent spouse’s property.”

In Re Est. of Jeruzal, 130 N.W.2d 473 (Minn. 1964). “” The other is the descent statute, § 525.16, which determines the statutory share of the surviving spouse and provides in part: “Except as provided in sections 525.”

Affiliated Banc Grp., Ltd. v. Zehringer, 527 N.W.2d 585 (Minn. Ct. App. 1995). · cites it 4× “2-201 still allows one spouse to elect against the will of the other, but now the spouse receives one-third of the “augmented estate”, as defined in Minn.Stat. § 524.2-202. The augmented estate does not include all real property owned by the decedent spouse during the marriage,…”

Show all 25 citing cases →

— Minn. Stat. § 525.16(1) — 1 case

Mabel Shangreau v. Bruce Babbitt, Sec'y of the United States Dep't of the Interior, 68 F.3d 208 (8th Cir. 1996).

— Minn. Stat. § 525.16(2) — 2 cases

Larsen v. Erickson, 24 N.W.2d 711 (Minn. 1946). “145(1), 3 provides: “Where there is a surviving spouse the homestead shall descend free from any testamentary or other disposition thereof to which such spouse has not consented in writing or by election to take under the will as provided by law, * * Section 525.16(2), 4 so far…”

Affiliated Banc Grp., Ltd. v. Zehringer, 527 N.W.2d 585 (Minn. Ct. App. 1995). “2-201 still allows one spouse to elect against the will of the other, but now the spouse receives one-third of the “augmented estate”, as defined in Minn.Stat. § 524.2-202. The augmented estate does not include all real property owned by the decedent spouse during the marriage,…”

— Minn. Stat. § 525.16(3) — 2 cases

Matter of Est. of Shapiro, 362 N.W.2d 390 (Minn. Ct. App. 1985). “They contend the clear language of the statute governing elective shares, Minn. Stat. § 525.16 (1974), requires that federal estate taxes be deducted before the elective share is determined.”

O'Dell v. Hingeveld, 50 N.W.2d 476 (Minn. 1951).

— Minn. Stat. § 525.16(4) — 3 cases

Martz v. Revier, 170 N.W.2d 83 (Minn. 1969). “02, that statute must be considered in conjunction with the inheritance statute, § 525.16(4) (c), which states: “If there be no surviving issue nor spouse, then [the property of the decedent descends] to the father and mother in equal shares, or if but one survive, then to such…”

Hondl v. Chicago Great W. Ry. Co., 82 N.W.2d 245 (Minn. 1957).

Werder v. Luscher, 17 N.W.2d 309 (Minn. 1944).

— Minn. Stat. § 525.16(4)(a) — 1 case

In Re the Trusts Created in & by the Last Will & Testament of HARTMAN, 347 N.W.2d 480 (Minn. 1984). “16(4)(d) (1982); the $3,000 gift to Agnes Malischke will be distributed to Karl Malischke, see Minn.Stat. § 525.16(4)(a) (1982); and the $1,000 gift will be distributed to Karl Malischke.”

— Minn. Stat. § 525.16(4)(d) — 2 cases

Olson v. Erickson, 290 N.W.2d 757 (Minn. 1980).

— Minn. Stat. § 525.16(l) — 1 case

Matter of Est. of Kueber, 390 N.W.2d 22 (Minn. Ct. App. 1986).

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