Family Protection Flashcards
If a spouse doesn’t like what’s in the will, what they can do?
They can elect against the will, however they must survive the testator to do this.
What is the size of the elective share that a spouse can receive?
A fraction of the estate, about 1/3. If you are in a UPC state, it’s based on how long the couple has been together.
How can a spouse waive an elective shared?
By a prenuptial agreement so long as there was a full disclosure of assets.
What else can a spouse get?
Homestead alloance, exempt property and family allowance.
What is a pretermitted child?
One that is not named in the will because it was not born yet.
If the testator had no children when the will was executed can a pretermitted child receive an inheritance?
Yes, the child is entitled to whatever share of the estate the child would have received if the testator had died intestate.
If the testator had children when the will was executed, can a pretermitted child receive a gift?
Yes. it is entitled to share in the gift of the other then-living children.
