IN RE ESTATE OF ASPENSON

No. C0-90-2560.

470 N.W.2d 692 (1991)

In re ESTATE of Eldo K. ASPENSON, a/k/a Eldo Keith Aspenson, Deceased.

Court of Appeals of Minnesota.

May 21, 1991.


Attorney(s) appearing for the Case

Patrick F. Flaherty, Jennifer A. Brooks, Jeanne K. Stretch, Moss & Barnett P.A., Minneapolis, for appellant spouse.

Randel I. Bichler, The Joseph R. Gadola Law Office, Wells, for respondent personal representative.

Considered and decided by PETERSON, P.J., and PARKER and FOLEY, JJ.


OPINION

FOLEY, Judge.

This is an appeal from a probate order denying a claim for an intestate share of an estate under Minnesota's omitted spouse statute. Appellant Beverly K. Aspenson argues a transfer was not made to her "in lieu of a testamentary provision" under Minn.Stat. § 524.2-301(a) (1988). She also challenges the trial court's determination that an antenuptial agreement applies to marital assets. We affirm.

FACTS

Eldo K....

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