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

More specifically, Minnesota Statute §524.2-109 provideswhere an individual dies
intestate as to all or a portion of an estate, property the decedent gave during the
decedent's lifetime to an individual who, at the decedent's death, is an heir is treated as
an advancement against the heir's intestate share only if the decedent declared in a
contemporaneous writing or the heir acknowledged in writing that the gift is an
advancement; orthe decedent's contemporaneous writing or the heir's written
acknowledgment otherwise indicates that the gift is to be taken into account in
computing the division and distribution of the decedent's intestate estate.
B. Drafting Ambiguity and Summary Judgment.Bank of America, N.A.
v.Shank, No. A10-45, 2010 WL 3220136 (Minn. Ct. App. Aug. 17, 2010).
1. Case facts and Issues.
Polly Shank (“Polly”) died on January 2, 2008. Polly was predeceased by her
husband, John Shank, Sr. and had two surviving children, Lawrence and John
Shank (“Lawrence” and “John,” respectively). At the time of her death her estate
included two promissory notes from her son Lawrence, one in the amount of
$6,015.93, and the second in the amount of $92,731.75. Prior to her death,
Polly made numerous transfers to Lawrence, in addition to the transfers
reflected by the promissory notes, for things such as rent, lawyers’ fees,
sculpture costs, and forgiveness of interest. Polly’s records reflect payment from
her to Lawrence, on a monthly basis, for rent, from September 1999 to the date
of her death, totaling almost $238,000.00. The value of Polly’s estate, at the
date of her death, was approximately $1,312,721, including the promissory
notes.
John argued that based upon language in the Trust, Polly intended all lifetime
transfers made to Lawrence, including, but not limited to, those evidenced by
Mary Frances M. Price, J.D.
EDINA ESTATE AND ELDER LAW P.A.
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