Case: In re the estate of Thomas Proehl

27-PA-PR-12-260 | Minnesota state trial court

Filed Date: April 27, 2012

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Case Summary

On April 27, 2012, Petitioner, a man whose same-sex spouse had died without a will, filed a petition for formal adjudication of intestacy, determination of heirs, and formal appointment of personal representative in the District Court for the Fourth Judicial District of the State of Minnesota. Petitioner sought to be recognized as the sole heir of his husband's estate. Petitioner and the deceased had been legally married in another state but moved to Minnesota, which did not recognize their mar…

On April 27, 2012, Petitioner, a man whose same-sex spouse had died without a will, filed a petition for formal adjudication of intestacy, determination of heirs, and formal appointment of personal representative in the District Court for the Fourth Judicial District of the State of Minnesota.

Petitioner sought to be recognized as the sole heir of his husband's estate. Petitioner and the deceased had been legally married in another state but moved to Minnesota, which did not recognize their marriage. Under Minnesota law, if the deceased died without a surviving spouse, his assets would go to his next of kin, in this case his parents. Neither the deceased's parents, nor any other party, challenged the petition in this case.

On August 1, 2012, Judge Jay M. Quam issued an order of formal adjudication of intestacy, determination of heirs, and formal appointment of personal representative. In this order, the court could find no provision of the Minnesota Uniform Probate Code that prohibited same-sex partners from being considered a surviving-spouse. This was important because under the Code, a surviving spouse is presumed to inherit the estate of the deceased spouse in the absence of a will. The court also concluded that the Minnesota Defense of Marriage Act only denied contractual rights to same sex couples and did not apply to statutory rights, such as probate rights. The court concluded by granting petitioner's petition, recognizing him as the surviving spouse of the decedent for the limited purposes of intestate succession.

Summary Authors

Patrick Branson (3/30/2015)

People


Judge(s)

Quam, Jay M. (Minnesota)

Attorney for Plaintiff

Potter, David B. (Minnesota)

Judge(s)

Quam, Jay M. (Minnesota)

Attorney for Plaintiff

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Documents in the Clearinghouse

Document

27-PA-PR-12-260

Docket

Feb. 27, 2012

Feb. 27, 2012

Docket

27-PA-PR-12-260

Order of Formal Ajudication

Aug. 1, 2012

Aug. 1, 2012

Order/Opinion

Docket

Last updated Aug. 30, 2023, 1:47 p.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Minnesota

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Same-Sex Marriage

Key Dates

Filing Date: April 27, 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Man whose same-sex spouse died suddenly, without a will, in a State that does not recognize their legal marriage from another State.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Estate of Thomas Proehl, None

Case Details

Causes of Action:

State law

Available Documents:

Trial Court Docket

Non-settlement Outcome

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Declaratory Judgment

Source of Relief:

Litigation

Issues

General:

Marriage

LGBTQ+:

LGBTQ+

Discrimination-basis:

Sexual orientation