Protection of Family

Question 1

Spouse Elective Share

Answer 1

Spouse can take a statutory share instead of taking under the will.

Varies from state to state, typcially 1/3 of net probate assets if also survived by kids; 1/2 if no kids

Question 2

What property subject to spouse elective share?

Answer 2

Probate estate minus expenses and creditors’ claims

Question 3

Protection of Pretermitted Children

Answer 3

Statutes protect children from being accidentally omitted

Child born after execution of will takes intestate share unless:

(1) appears from will that the omission was intentional
(2) T has other children at time of execution and devised substantially all of her estate to the other parent of the omitted child
(3) T provided for omitted child by a transfer outside the will in lieu of testamentary gift

Question 4

Homestead

Answer 4

Spouse or dependent children are entitled to occupy the homestead (residence or farm) for as long as they choose, free from creditor claims

Question 5

Family Allowance

Answer 5

Provides support to family during probate administration and takes precedence over all othe claims other than funeral or administration expenses