Wills

Question 1

spouse’s intestate share

Answer 1

just spouse = entire estate
spouse + shared kids = entire estate
spouse + parent = $300K + 75%
spouse + shared kids + D’s kids = $225K + 50%
spouse + D’s kids = $150K + 50%

Question 2

anti-lapse statutes

Answer 2

protects gifts to
(i) a protected relationship (e.g., relative)
(ii) survived by issue

Question 3

attested will

Answer 3

(i) intent
(ii) writing
(iii) signed
(iv) two witnesses

Question 4

incorporation by reference

Answer 4

(i) referenced document exists at time of will execution
(ii) testator intends it to be incorporated by reference
(iii) sufficiently described to enable its identification

Question 5

holographic will

Answer 5

(i) intent
(ii) handwritten
(iii) signed

Question 6

pretermitted child statute

Answer 6

A pretermitted heir statute permits children of a testator under certain circumstances to claim a share of the estate even though they were omitted from the testator’s will.

If the testator then dies without revising the will, a presumption is created that the omission of the child was accidental.

Statute does not apply if:
(i) it appears that the omission of the child was intentional;

(ii) the testator had other children at the time the will was executed and left substantially all of his estate to the other parent of the pretermitted child; or

(iii) the testator provided for the child outside of the will and intended this to be in lieu of a provision in the will

Question 7

revocation of a will

Answer 7

Will may be revoked by:
— subsequent writings
— physical destruction
— operation of law