Protection of the Family

Question 1

Family Allowance

Answer 1

payment to spouse or minor children to support them while assets are stuck in probate
- max amount: 18k

Question 2

Elective Share

Answer 2

30% of the elective estate
- by electing the elective estate, spouse foregoes their inheritance from will (if any)
- elective share is in addition to homestead property, exempt property, and family allowance

Question 3

Exempt Property

Answer 3

homestead, family allowance, etc.
- not subject to creditors, except valid liens, mortgages, taxes
- if devised in will = not protected
some:
household furniture & furnishings up to 20k
up to 2 personal motor vehicles (titled in name of decedent and regularly used by decedent or members of the immediate family)
prepaid college programs