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Restatement (Third) of Prop.: Wills & Other Donative Transfers §§ 9.1-9.2, 9.5-9.6, with comments (2003); 31 Am. Jur. 2d Executors and Administrators § 639 (database updated May 2018).
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1In the law of decedents’ estates, what is family protection?
In the law of decedents’ estates, what is family protection?2In the law of decedents’ estates, what is a homestead allowance?
In the law of decedents’ estates, what is a homestead allowance?3In general, does a homestead allowance pass in addition to any other share of the estate that the surviving spouse or children may receive?
In general, does a homestead allowance pass in addition to any other share of the estate that the surviving spouse or children may receive?4Does the amount of the homestead allowance vary by state?
Does the amount of the homestead allowance vary by state?5Does a homestead allowance have priority over most other claims to an estate?
Does a homestead allowance have priority over most other claims to an estate?6In the law of decedents’ estates, what is a family allowance?
In the law of decedents’ estates, what is a family allowance?7Does a family allowance pass in addition to any other share of the estate that the surviving spouse or children may receive?
Does a family allowance pass in addition to any other share of the estate that the surviving spouse or children may receive?8In general, during what period of time may a surviving spouse or surviving children claim the family allowance?
In general, during what period of time may a surviving spouse or surviving children claim the family allowance?9Does the amount of the family allowance vary by state?
Does the amount of the family allowance vary by state?10Does the family allowance have priority over most other claims to an estate?
Does the family allowance have priority over most other claims to an estate?11In the law of wills, what is a personal-property exemption?
In the law of wills, what is a personal-property exemption?12Does the personal-property exemption pass in addition to any other share of the estate that the spouse or children may receive?
Does the personal-property exemption pass in addition to any other share of the estate that the spouse or children may receive?13Does the amount of the personal-property exemption vary by state?
Does the amount of the personal-property exemption vary by state?14Under the UPC, if the decedent did not leave at least $15,000 worth of personal property, will the surviving spouse or children be entitled to othe...
Under the UPC, if the decedent did not leave at least $15,000 worth of personal property, will the surviving spouse or children be entitled to other assets of the estate to make up the $15,000 of the personal-property exemption?15Does the personal-property exemption have priority over most other claims to an estate?
Does the personal-property exemption have priority over most other claims to an estate?16In the law of decedents’ estates, what is an elective share ?
In the law of decedents’ estates, what is an elective share ?17Do community-property states generally provide for an elective share to protect a surviving spouse?
Do community-property states generally provide for an elective share to protect a surviving spouse?18Are elective-share laws designed to prevent the disinheritance of the surviving spouse?
Are elective-share laws designed to prevent the disinheritance of the surviving spouse?19Do most states allow an intentionally disinherited spouse to claim an elective share of the deceased spouse’s estate?
Do most states allow an intentionally disinherited spouse to claim an elective share of the deceased spouse’s estate?20In general, what percentage of the decedent’s estate constitutes a surviving spouse’s elective share?
In general, what percentage of the decedent’s estate constitutes a surviving spouse’s elective share?21Under traditional elective-share statutes, does the duration of a marriage determine the size of a surviving spouse’s elective share?
Under traditional elective-share statutes, does the duration of a marriage determine the size of a surviving spouse’s elective share?22Under traditional elective-share statutes, are lifetime gifts made by decedent spouses to surviving spouses taken into account in computing the sur...
Under traditional elective-share statutes, are lifetime gifts made by decedent spouses to surviving spouses taken into account in computing the surviving spouse’s elective share?23What is an augmented estate?
What is an augmented estate?24Under the UPC, what types of assets are added to the probate estate to form the augmented estate?
Under the UPC, what types of assets are added to the probate estate to form the augmented estate?25Do the UPC and the majority of elective-share states base the surviving spouse’s elective share on the contents of the augmented estate instead of ...
Do the UPC and the majority of elective-share states base the surviving spouse’s elective share on the contents of the augmented estate instead of the net probate estate?26Do the UPC and other modern elective-share statutes differ from traditional elective-share statutes by considering nonprobate assets in computing t...
Do the UPC and other modern elective-share statutes differ from traditional elective-share statutes by considering nonprobate assets in computing the surviving spouse’s elective share?27Under the UPC, what is the marital-property portion of the augmented estate?
Under the UPC, what is the marital-property portion of the augmented estate?28Under the UPC, does the size of the marital-property portion of the augmented estate increase based on the length of the marriage?
Under the UPC, does the size of the marital-property portion of the augmented estate increase based on the length of the marriage?29Under the UPC, what is the percentage of the elective share?
Under the UPC, what is the percentage of the elective share?30How is the elective share calculated under the UPC?
How is the elective share calculated under the UPC?31Under the UPC, does the elective share pass to the surviving spouse in addition to any homestead allowance, family allowance, or personal-property ...
Under the UPC, does the elective share pass to the surviving spouse in addition to any homestead allowance, family allowance, or personal-property exemption that the surviving spouse may have?32In general, may a spouse waive the right to claim a homestead, allowance, a personal-property exemption, a family allowance, or an elective share?
In general, may a spouse waive the right to claim a homestead, allowance, a personal-property exemption, a family allowance, or an elective share?33A decedent’s probate estate had no assets because all of his property passed to his daughter by means of a revocable living trust. At the decedent’...
A decedent’s probate estate had no assets because all of his property passed to his daughter by means of a revocable living trust. At the decedent’s death, the surviving spouse had no separate property. Assuming the couple was married for at least 15 years and there were no other relevant transfers, to what elective share is the surviving spouse entitled under the UPC?34What is an omitted spouse?
What is an omitted spouse?35What is the omitted-spouse doctrine?
What is the omitted-spouse doctrine?36What is an omitted child?
What is an omitted child?37What is the omitted-child doctrine?
What is the omitted-child doctrine?38Does the omitted-child doctrine apply to children whom the testator mistakenly believed to be dead when the testator executed the will?
Does the omitted-child doctrine apply to children whom the testator mistakenly believed to be dead when the testator executed the will?39Under the UPC, in which three circumstances is an omitted child not entitled to a share of the testator’s probate estate?
Under the UPC, in which three circumstances is an omitted child not entitled to a share of the testator’s probate estate?40A testator’s will left “everything to my daughter.” After the execution of the testator’s will, a son was born to the testator. At the testator’s d...
A testator’s will left “everything to my daughter.” After the execution of the testator’s will, a son was born to the testator. At the testator’s death, the testator had no probate estate because all of the testator’s property passed via nonprobate transfer to the testator’s daughter. Is the testator’s son entitled to any amount of the testator’s property as an omitted child?