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In re Guardianship and Conservatorship of Helen Louise Durand. MN Stat 524.2-212 held constitutional
Minnesota Statute 524.2-212 requires a protected surviving spouse to receive court authorization before filing an elective-share petition. The Minnesota Court of Appeals, in an appeal from Hennepin County, held that this provision does not violate equal protection because protected and non-protected spouses are not similarly situated.
No. No. A13-1415 (Minn. Ct. App. Mar. 3, 2014).
Please see the original opinion for the court's exact language.
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Richard P. Clem is an attorney and continuing legal education (CLE) provider in Minnesota. He has been in private practice in the Twin Cities for 25 years. He has a J.D., cum laude, from Hamline University School of Law in St. Paul and a B.A. in History from the University of Minnesota. His reported cases include: Asociacion Nacional de Pescadores a Pequena Escala o Artesanales de Colombia v. Dow Quimica de Colombia, 988 F.2d 559, rehearing denied, 5 F.3d 530 (5th Cir. 1993), cert. denied, 510 U.S. 1041 (1994); LaMott v. Apple Valley Health Care Center, 465 N.W.2d 585 (Minn. Ct. App. 1991); Abo el Ela v. State, 468 N.W.2d 580 (Minn. Ct. App. 1991).
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