Changes in Beneficiaries and Property After Execution

Question 1

Lapse Gifts and Anti-Lapse statutes

Answer 1

Benny dies first- gift would revert to residuary estate

But it can go to the descendants of the benny can take the gift

Question 2

Lapse in residuary gift

Answer 2

two or more bennies- one dies before testator -> might go to descendants of benny or most states have the surviving benny divide the share in proportion to their interests

Question 3

Ademption

Answer 3

No right to property because the property is no longer in testator’s estate at time of death– benny takes nothing

Question 4

Increases to property after execution

Answer 4

Before death- income general estate, but improvements go to specific devise

After death- specific gift- specific benny

Stock split and stock dividends- additional shares- benny but not dividends

UPC- stock dividends are included