Changes in Family after Will's Execution Flashcards
Hobie, who is single, writes a will leaving his estate to his mother M. Two years later Hobie marries Winkie, and dies later. What’s the distribution?
No effect on the will.
Hank’s will devises Blueacre to his wife Ida and the rest of his estate to his sister Sue. The will names Ida as executor “if she is able; if not my brother Sam is to be executor” Two years later, Ida divorces Hank, then Hank dies without having changed his will. He is survived by Ida and by Sue and Sam.
Who takes Blueacre?
Who serves as executor?
Sue takes Blueacre
Sam takes Blueacre
What is the rule for divorced spouses in IL?
Final decree of divorce or annulment revokes all gifts and fiduciary appointments in favor of former spouse. Estate is distributed and fiduciaries are named as though the former spouse predeceased the testator
Does the “divorce revokes” statute apply to a life insurance policy which names “my wife Ida”?
NO. Only as to wills.
Does the statute apply to wills after a legal separation?
No, only to divorces and annulments
At the time he made his will, Tony and his wife had one child: A. After Tony made the will, he and his wife adopted a child: B. Tony died survived by his one wife, and his kids A&B. He left 1/3 of his $300,000 estate to his wife and the other 2/3 to his sister. What rights, if any, do the kids have?
In IL, NO rights.
What is the pretermitted child statute?
Child who is born or adopted after the will was executed may still take intestate share, aka the amount he would take via inheritance.
Does the pretermitted child statute apply to a life insurance policy taken out before Billy was adopted?
No, it only applies to wills.
What if Billy was adopted AFTER the execution of the will? Can he still recover?
Yes, he can take via his intestate share because of the pretermitted statute
What if two years after adopting Billy, did Tony executed a codicil to his will that names Second Bank instead of First Bank as executor. Is Billy still protected by the pretermitted child statute?
No, because of that codicil
What is the republication by codicil?
It means the will “speaks” on the date of the last codicil thereto.
