Probate & Trust Law Section Conference Manual ... - Minnesota CLE

4. Unspoken fourth: The spouse and children should not become wards of the
State simple because the decedent decided to disinherit them.
How To Avoid Spousal Election Claims
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If marital issues, discuss issue early in process.
If intent of client is to omit, discuss the spouses elective share right
and the impact.
Counsel client against omission or at least providing an amount equal
to that which the spouse could elect.
Do the best you can to provide candid advice and counsel and
document your file to reflect that you addressed the issue with the
client.
Be sure to discuss the election and claw back and liability with
Attorney-in-Fact who has control of a parent’s assets, particularly if
there is a second marriage.
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