No Equal Protection Violation for “Protected Persons” Seeking Elective Share of Decedent’s Augmented Estate
Author: Roslyn Myers, J.D., M.A..
Source: Volume 19, Number 01, Summer 2016 , pp.11-12(2)
< previous article |next article > |return to table of contents
Abstract:
Court orders are not required for nonprotected persons who exercise their rights of election in an augmented estate whereas it is required for a protected person. This difference becomes the key point of contention in a lawsuit by the conservator against the representative of the decedent’s estate described here.Keywords: In re Guardianship and Conservatorship of Durand, 859 N.W.2d 780 (Minn. 2015); Wegan v. Vill. of Lexington, 309 N.W.2d 273, 280 (Minn. 1981); In re Durand, 845 N.W.2d 821, 823 (Minn. App. 2014)
Affiliations:
1: John Jay College of Criminal Justice.