Minnesota Statutes
Minn. Stat. § 525.212 (2026)
[Repealed]
✓ current as of May 2026
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MS 1984 [Repealed, 1985 c 250 s 27]
Notes of Decisions
Cited in 7
cases, 1959–1989 · leading case: Matter of Est. of Shapiro, 380 N.W.2d 796 (Minn. 1986).
Matter of Est. of Shapiro, 380 N.W.2d 796 (Minn. 1986). “Pursuant to Minn.Stat. § 525.212 (1974), Bertha filed a spouse’s election with the probate court on December 9,1975.”
Est. of Hamilton H. Peyton, Deceased, John L. Peyton, & Olive Peyton v. Comm'r or Internal Revenue, 323 F.2d 438 (8th Cir. 1963). “3 This is permitted by Minn.Stat.Ann. § 525.212. The hearing on this petition, although ordered by the court, apparently never took place.”
Tjanetopoulos v. Margares, 98 N.W.2d 97 (Minn. 1959). “212 provides: “If a will make provision for a surviving spouse in lieu of the rights in the estate secured by statute, such spouse shall be deemed to have elected to take under the will, unless he shall have filed an instrument in writing renouncing and refusing to accept the…”
Matter of Est. of Shapiro, 362 N.W.2d 390 (Minn. Ct. App. 1985). “Surviving spouses are given the option to elect a statutory share of the decedent’s estate in Minn.Stat. § 525.212 (1974). When there are no surviving children, the statutory share is one-half the estate.”
Matter of Est. of Kueber, 390 N.W.2d 22 (Minn. Ct. App. 1986). “Minn.Stat. § 525.212 (1984). A person is a surviving *24 spouse if his or her marriage to the decedent was not dissolved or annulled.”
Stevens v. Comm'r, 36 T.C. 184 (Tax Ct. 1961). “The widow and Countryman became the trustees of the testamentary trust provided for in the decedent's will; but the evidence does not establish when they, as two of the three nominees under the will, accepted the trust and qualified to act as such trustees.”
Est. of Evers v. Comm'r, 57 T.C.M. 718 (Tax Ct. 1989). “If a decedent's will provides for a surviving spouse, Minnesota law permits the survivor either to take under the will or to renounce the will and elect against it.”
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