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40 cards
1In the law of decedents’ estates, what is family protection?
2In 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?
4Does the amount of the homestead allowance vary by state?
5Does a homestead allowance have priority over most other claims to an estate?
6In 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?
8In 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?
10Does the family allowance have priority over most other claims to an estate?
11In 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?
13Does 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...
15Does the personal-property exemption have priority over most other claims to an estate?
16In 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?
18Are 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?
20In 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?
22Under traditional elective-share statutes, are lifetime gifts made by decedent spouses to surviving spouses taken into account in computing the sur...
23What is an augmented estate?
24Under 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 ...
26Do the UPC and other modern elective-share statutes differ from traditional elective-share statutes by considering nonprobate assets in computing t...
27Under 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?
29Under the UPC, what is the percentage of the elective share?
30How 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 ...
32In 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’...
34What is an omitted spouse?
35What is the omitted-spouse doctrine?
36What is an omitted child?
37What 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?
39Under 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...
All flashcards
40 cards