Family Protection

Question 1

If a spouse doesn’t like what’s in the will, what they can do?

Answer 1

They can elect against the will, however they must survive the testator to do this.

Question 2

What is the size of the elective share that a spouse can receive?

Answer 2

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.

Question 3

How can a spouse waive an elective shared?

Answer 3

By a prenuptial agreement so long as there was a full disclosure of assets.

Question 4

What else can a spouse get?

Answer 4

Homestead alloance, exempt property and family allowance.

Question 5

What is a pretermitted child?

Answer 5

One that is not named in the will because it was not born yet.

Question 6

If the testator had no children when the will was executed can a pretermitted child receive an inheritance?

Answer 6

Yes, the child is entitled to whatever share of the estate the child would have received if the testator had died intestate.

Question 7

If the testator had children when the will was executed, can a pretermitted child receive a gift?

Answer 7

Yes. it is entitled to share in the gift of the other then-living children.