Estate of Tomczik Part II - Probate Boogaloo

Wills often include language stating something along the lines of, “If my spouse does not survive me, then ½ of my estate goes to my heirs, and ½ of the estate goes to the heirs of my spouse.” By statute, if you are married, draft a will making a gift to your spouse, then you and your spouse divorce, and then you die without updating your will, as a matter of law we treat your spouse as having predeceased you. But then do your ex-spouse’s heirs get ½ of your estate? In May of 2022, in the Matter of the Estate of Tomczik, the Minnesota Court of Appeals ruled yes – as absurd as it may sound, your ex-spouse’s heirs are next in line and therefore get ½ of your estate. Apparently, the personal representative, representing the Estate of Tomczik, didn’t like this answer. In today’s video we look at the decision issued by the Minnesota Supreme Court and see how they weighed in on the matter.