Estates and Trusts – Multi-State Probate Dispute 

Posted: 1:00 am Mon, March 22, 2010
By admin
Tags: Estates and Trusts

Where decedent had sole legal title to Minnesota real estate when she died; at the time decedent executed her will and at the time she died, decedent was domiciled in California; and a California court found that it did not have jurisdiction over the Minnesota property and that because decedent’s will gave all of her assets to her husband, who predeceased her, and did not include a contingent disposition, the will did not effectively dispose of her assets; we conclude that the Minnesota District Court did not err in determining that disposition of the Minnesota real estate is to occur under Minnesota intestacy law because the California court determined that it did not have jurisdiction over the Minnesota real estate and appellants have failed to cite any California authority that suggests that California intestacy rules control the disposition of intestate real estate located outside California.

Affirmed.