Protections of the Family

Question 1

If the decedent was domiciled in Virginia at the time of their death, their surviving spouse has the right to claim a…

Answer 1

elective share of the decedent’s estate.

Question 2

The elective share is in the amount of…

Answer 2

50% of the value of the marital property of the augmented estate.

Question 3

(TRUE/FALSE): The right to claim an elective share is available for both testate and intestate estates.

Answer 3

TRUE

Question 4

To calculate the elective share, one must calculate the marital property of the augmented estate. This is done by…

Answer 4

multiplying the value of the augmented estate by a statutory percentage based on the length of the marraige.

Question 5

The augmented estate includes:

Answer 5

1. The decedent’s net probate estate;
2. The decedent’s non-probate transfers to others;
3. The decedent’s non-probate transfers to the surviving spouse; and
4. The surviving spouse’s property and non-probate transfer to others.

Question 6

For marriages less than 1 year, the statutory percentage for the marital property is…

Answer 6

3%

Question 7

For marriages of 5 years, the statutory percentage for the marital property is…

Answer 7

30%

Question 8

For marriages of 10 years, the statutory percentage for the marital property is…

Answer 8

60%

Question 9

How long must a marriage last for the marital property to be 100% of the augmented estate?

Answer 9

15 years.

Question 10

To claim an elective share, the spouse must…

Answer 10

file a notice of election within 6 months from the admission of the will to probate.

Question 11

By statute, the spouse of children whom the decedent was legally obligated to support are entitled to a reasonable allowance for the period that the estate is in probate, this is called…

Answer 11

the family allowance.

Question 12

A family allowance may not be in excess of…

Answer 12

$24,000 lump sum or $2,000 per month for one year (without court approval).

Question 13

The ______ has priority over all other claims.

Answer 13

Family allowance

Question 14

In addition to amounts passing to the surviving spouse by will, intestate succession, or elective share, the spouse is entitled to…

Answer 14

select personal property to set-aside, not to exceed $20,000.

Question 15

The set-aside personal property has priority over all claims except…

Answer 15

the family allowance.

Question 16

In addition to the family allowance and exempt property, the surviving spouse may be entitled to a…

Answer 16

homestead allowance of $20,000.

Question 17

Unlike the family allowance and exempt personal property, the homestead allowance takes the place of…

Answer 17

any share given to the surviving spouse under the will or intestacy, unless the share was less than $20,000.

Question 18

The right of quarantine states that…

Answer 18

the spouse is entitled to live in the principal family residence without charge until their rights to the home are determined.

Question 19

Community property is…

Answer 19

property acquired during marriage from either spouse’s salary or wages, and it is owned by 1/2 by each spouse.

Question 20

Separate property consists of…

Answer 20

1. Property owned by either spouse before marriage; and
2. Property acquired during marriage by gift, will, or inheritance.