statutes

Errors in the Statutes

by Boyd Johnson on October 31, 2008

When you read through Minnesota’s statutes on probate, it is amazing what you find. In the past month, I’ve found three errors– statutes that refer to non-existent statutes.

Here’s the list:

  • 524.3-303 and 308 refer to clause 19 of 524.1-201. There is no clause 19. Presumably the reference should be clause 24.
  • 524.3-413 refers to 525.02. The latter statute was repealed in 2006.

Categorized in Commentary and tagged as , ,

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Updated Probate Statutes

by Boyd Johnson on October 28, 2008

The online version of the Minnesota statutes has now been updated for 2008 legislation. I like to bookmark chapter 524 of the Probate Code so that I can perform keyword searches throughout the entire chapter or read successive sections.

In my view, the most important change this year was to §524.2-402 (descent of homestead). The statute now makes explicit what many practitioners had always assumed– that a homestead is also exempt under the statute when it passes to a trustee of a trust of which the spouse or the decedent’s descendants are the sole beneficiaries.

Categorized in In the News and tagged as ,

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Probate Code Reading Plan

October 6, 2008

The best way to understand Minnesota’s probate code is to read it. I’ve created a probate code reading plan that helps me systematically read through the entire code about once a year. Doing so keeps the statutes fresh in my mind. I’ve heard that one of the judges in the metro area has said that [...]

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