Family Protection Flashcards
What is an elective share statute?
Gives the surviving spouse the right to take a statutory share of the deceased spouse’s estate instead of taking under the will.
Typical amount is ⅓ of net probate estate.
What is a pretermitted child statute?
A child born or adopted after the execution of a will is entitled to an intestate share unless they were intentionally omitted from the will.
What is a class gift?
If a will makes a gift to a class, only the class members who survive the testator take a share of the gift, unless will provides otherwise.
What is the rule of convenience (class gifts)?
A class is closed when any member of the class is entitled to possession of the gift.
Can a predeceased class member’s gift lapse?
If a group of persons is named = no, the gift is divided among the other members.
If individual persons are named = yes, unless anti-lapse applies.
Are adopted children treated differently than natural-born children?
No.
What is adoption by estoppel?
A step-child or foster child may inherit from or through a stepparent or foster parent when legal custody of a child is gained under an (unfulfilled) agreement to adopt them.
How can non-marital children inherit?
A non marital child always inherits from the mother.
Can inherit from father if:
- Father married mother after child’s birth,
- Man was judged to be father in paternity suit, or
- After death, man is proved to be father by clear & convincing evidence.
