protections against disinheritance

Question 1

family allowance

Answer 1

payments made during administration of estate

cap: 24k or 2k per month

this will be in addition to anything else

Question 2

priority of payments of estate

Answer 2

covering costs and expenses of estate then
family allowance

Question 3

exempt property

Answer 3

surviving spouse 20k in value in things like cars, furniture, appliances

Question 4

if there is no surviving spouse and minor children

Answer 4

they get equal shares of the 20k

Question 5

comes out of the estate

Answer 5

before beneficiaries, but does not extinguish debts

Question 6

homestead allowance

Answer 6

20k– surviving spouse or minor children if no surviving spouse

Question 7

homestead allowance is in lieue

Answer 7

of what they would get under the will or laws of intestacy

Question 8

if will is less than 20k, homestead allowance

Answer 8

increases it to 20k

Question 9

homestead allowance can be

Answer 9

waived in marital or premarital agreement

Question 10

you can claim both

Answer 10

homestead allowance and elective share

Question 11

use of family residence

Answer 11

under joint tenancy, spouse gets it

however, can live in residence until final court order or other interested parties reach an agreement

Question 12

elective share

Answer 12

primary mechanism to ensure no disinheritance; can choose between the will or laws of intestacy vs a statutory portion of the decedent’s estate

Question 13

Old rules of elective share

Answer 13

decedent left children or other descendants- then elective share is 1/3

if no other descendants- 1/2 of augmented estate

any amounts that have passed or will pass to spouse count against elective share

if she got 1/4, she can get i/4 to make it half

any property left to surviving spouse that she disclaims is counted against the elective share

if left nothing she gets half of the estate and other people lose their shit accoridngly to fill in that gap

Question 14

how to calculate augmented estate

Answer 14

net probate– total amount by will and intestacy minus family allowance, exempt property, funeral expenses, administrative expense and enforceable claims

added to decedent’s augmented estate= any property other than tangible personal property that the surviving spouse received by lifetime gift or non-probate transfer from the decedent, as long as it is owned or acquired by the surviving spouse
not reduced by taxes; add any property transferred w/o consideration;

Question 15

new rule

Answer 15

looks at property of surviving spouse