Limits on Disposition

Question 1

General Rule

Answer 1

T can only give 1/s of CP and Quasi CP (widow’s election will)

–T can make lifetime gift of quasi CP (spouse mere expectancy), but if illusory (T maintained control/interest) then survivor can reclaim her 1/2 from transferee

–Increase on value: goes to Ben if specific gift (not general: just interest on amount after 1 year from death)

Question 2

Killers

Answer 2

Feloniously + intentionally kill T (preponderance of E, conviction/plea conclusive) = deemed to predecease + anti-lapse doesn’t apply

• JT: severed but keep 1/2
• No life insurance proceeds