Looking for information on what the intestacy law was in 1938 in MN

[Happy Trails]

What is the name of your state (only U.S. law)? Minnesota

Any ideas on where I might find what the law for dying intestate in Minnesota was in 1938. Other than going to the library.

 

[Ohiogal]

What is the name of your state (only U.S. law)? Minnesota

Any ideas on where I might find what the law for dying intestate in Minnesota was in 1938. Other than going to the library.

Google it.

 

[Happy Trails]

Google it.

I've been working on that, but it's mostly just giving me current statutes. I did find some case law that I am reviewing, although that is 1922. Hoping I can get closer to 1938 though.

 

[OHRoadwarrior]

Contact the office of the revisor of statutes. Substituting 1938 pulls up the year but I can't figure out what section to put in. I found the 1938 criminal codes by using 114.

https://www.revisor.mn.gov

Here is the 1930 law:
http://books.google.com/books?id=9_0LAAAAYAAJ&pg=PA252&lpg=PA252&dq=Minnesota++inheritance+statute+1930&source=bl&ots=98ubSUGppS&sig=_-QBbzdoEghKhy2rxlLMoNgIKHg&hl=en&sa=X&ei=NZbVUr-9H-rAyAHV9IGIDw&ved=0CDoQ6AEwAg#v=onepage&q=Minnesota%20%20inheritance%20statute%201930&f=false

Here is the 1945 version form the revisors office:
https://www.revisor.mn.gov/statutes/?id=525&year=1945A

 

[tranquility]

Go to the annotated law books at the local law library and see the history of revisions of the law. Things like intestate succession were described in the Bible and it is not an area that has a bunch of changes. You might get lucky and find the current law is the same as it was then.

 

[Happy Trails]

Go to the annotated law books at the local law library and see the history of revisions of the law. Things like intestate succession were described in the Bible and it is not an area that has a bunch of changes. You might get lucky and find the current law is the same as it was then.

Thanks, OHRoadwarrior and tranquility.

Do either of you know why North Dakota intestate law applies when both people lived and died in MN? That is what an attorney is telling us because the wife inherited land in ND, but she never lived on it. Thanks for your help!

 

[OHRoadwarrior]

Catch my revised answer. The statute is on the revisors site. You need to know what statute to pair with 1938 to pull it up.

 

[LdiJ]

Thanks, OHRoadwarrior and tranquility.

Do either of you know why North Dakota intestate law applies when both people lived and died in MN? That is what an attorney is telling us because the wife inherited land in ND, but she never lived on it. Thanks for your help!

I suspect that its because the land is located in ND.

 

[Happy Trails]

Catch my revised answer. The statute is on the revisors site. You need to know what statute to pair with 1938 to pull it up.

,
Yes, thanks.
Since I posted this the attorney advised us that ND intestate law applies. It's a complex case, I always thought that the state they lived and died in applied when people die without a will. Learn something new everyday.

 

[OHRoadwarrior]

It depends on the laws in both states at the time. Filing where one lived is usually the method used. Once the court affirms the information, it can then usually be filed with courts where other property is located and they basically rubber stamp. In the day, that common recognition might not have existed due to the technology breach of the time.

,
Yes, thanks.
Since I posted this the attorney advised us that ND intestate law applies. It's a complex case, I always thought that the state they lived and died in applied when people die without a will. Learn something new everyday.

 

[Happy Trails]

It depends on the laws in both states at the time. Filing where one lived is usually the method used. Once the court affirms the information, it can then usually be filed with courts where other property is located and they basically rubber stamp. In the day, that common recognition might not have existed due to the technology breach of the time.

Spot on, OHRoadwarrior, I initially was thinking had we probated them in MN then we could have done an ancillary probate in ND. The statutes in 1938 possibly differing would have a different outcome on how the inheritance is disbursed. Thank you!