Restrictions on Power of Testation- Protection of the Family Flashcards
1
Q
Elective shares by spouses
A
Spouses can take an elective share instead of what is granted under the will
Typically 1/3 if issue and 1/2 if no issue
Calculated from net estate
Notice- notice of election must be filed (6 months)
2
Q
Children
A
may disinherit children
But children born after execution- intestate share unless purposefully left out
3
Q
Homestead
A
protected from creditor claims; entitled to occupy for as long as they choose despite the disposition
4
Q
Family allowance
A
takes precedence over all claims other than funeral and admin.
