§ 525.201

Toombs v. Daniels · 1985 2 citations

. This rule is consistent with the one applied by statutes and case law regarding pretermitted heirs. Minn. Stat. § 525.201 (1974) has remained essentially the same since 1905. The statute reads: If a testator omits to provide in his will for any of his children or the issue of a deceased child, they shall take the same share of his estate which they would have taken if he had died intestate unless it appears that such omission was intentional and not occasioned by accident or mistake. This court very early declared that The power to disinherit a posthumous child entirely is taken away, and the right of such child to inherit is absolute unless the father has made provision for it ‘in his will or otherwise’ * * *. Under the present statute, * * * the burden is upon those who claim that such omission was intentional, to establish that fact. Whitby v. Motz, 125 Minn. 40, 43, 145 N.W. 623, 625 (1914). This statute was held to apply to adopted children in Bakke v. Bakke, 175 Minn. 193, 220 N.W. 601 (1928).

+ 1 more citation in this opinion.

In Re Estate of Ervin · 1987 1 citation

Minn. Stat. § 525.201 (1984).

Matter of Estate of Uliscni · 1985 4 citations

+ 4 more citations in this opinion.

In Re Estate of Hoigaard · 1984 5 citations

+ 5 more citations in this opinion.