Decedents' Estates Flashcards
(2 cards)
Bequest in pending divorce
A bequest may be revoked by operation of law when a change in circumstance occurs that makes it unlikely that the testator would have wanted a beneficiary named in the will to take under the will. All states provide that if, after the execution of a decedent’s will, the decedent is divorced, a bequest in favor of the decedent’s former spouse is revoked by operation of law. See UNIF. PROBATE CODE § 2-804. However, the typical statute does not apply if a divorce proceeding is pending when one of the spouses dies. This approach derives from the fact that, until the divorce is finalized, no property division order will be entered; thus the moral and legal claims of each spouse in the property of the other have not yet been satisfied.
Personal Representative
An individual named as personal representative in a decedent’s will has priority to receive letters testamentary from the court overseeing the administration of the estate. See UNIF. PROBATE CODE§ 3-203(a)(1). Where, however, the will is silent regarding the appointment of the personal representative, the court will appoint a person granted priority under the governing statute if that person is otherwise qualified. Typically, the decedent’s surviving spouse is the individual with the first priority. See id. § 3-203(a)(2).
