Gifts and Wills

Question 1

Gift of CP

Answer 1

Can’t give away whole CP

Spouse can (i) set aside entire gift, (ii) on divorce, take offsetting CP to recover her 1/2, (iii) if spouse dead, set aside gift as to her 1/2 (recover from donee or spouses estate)

-US Bonds are preempted

Question 2

Widow’s Election Will

Answer 2

If will purports to dispose of whole CP, wife can elect to take under/against the will