Power to Transfer

Question 1

Omitted Spouse

Answer 1

Entitled to an intestate share unless:
* The omission was intentional;
* The spouse was given property outside of the will in lieu of a disposition in the will; or
* The spouse is party to a valid contract waiving her right to a share in the estate.

Question 2

Omitted Children

Answer 2

A child who is omitted can force a share if:
* The child is born or adopted after the will is created, or the testator mistakenly believed the child was dead; and
* The child is unintentionally omitted from the will.

A share will not be forced if:
* The child has been provided for outside of the will; or
* The testator had other children at the time the will was executed and left substantially all of his estate to the omitted child’s parent.

Question 3

Slayer Statutes

Answer 3

• A party cannot take property from a decedent when the party intentionally and feloniously caused the decedent’s death.
• A party is not barred from taking property of a decedent if they kill another person, wuch as the decedent’s spouse.

Question 4

Disclaimer

Answer 4

• a party must actively disclaim if she wishes not to accept
• the property is distributed to the next eligible taker

Question 5

Insane Delusions

Answer 5

A belief is an insane delusion if a rational person in the testator’s situation could not have reached the same conclusion.

Question 6

Undue Influence

Answer 6

1. Susceptibility
2. Motive
3. Opportunity
4. Causation