Transfer

Question 1

Entitlements of Surviving Spouse

Answer 1

1. Social Security and pensions
2. Homestead exemption
3. Personal property set-asides
4. Family allowance for reasonable living expenses
5. Elective share

Question 2

Elective Share

Answer 2

Surviving spouse can take a forced share of 50% of decedent’s augmented estate

Question 3

Waiver of Elective Share

Answer 3

1. In writing;
2. After fair disclosure of its contents;
3. Spouse is represented by independent legal counsel

Question 4

Advancements

Answer 4

Lifetime gift to a child that is treated as satisfying all or part of their intestate share
CL- any gift presumed to be advancement; child had burden to show gift
UPC- gift advancement only if decedent declared in a contemporaneous writing (or the heir acknowledged in a writing) that the gift was an advancement; or decedent’s contemporaneous writing or the heir’s written acknowledgment otherwise indicates that the gift was to be taken into account
If advancement, do hotchpot analysis

Question 5

Omitted Children

Answer 5

Parent can intentionally disinherit
Unintentional:
-If no other children, child takes intestate share
-If other children and they got property, omitted child takes equal portion of share devised to other child

Question 6

Omitted Spouse

Answer 6

Entitled to intestate share unless:

i) A valid prenuptial agreement exists,
ii) The spouse was given property outside of the will in lieu of a disposition in the testator’s will; or
iii) The spouse was specifically excluded from the will

Question 7

Slayer Rule

Answer 7

Beneficiary who murders testator is treated as having predeceased them
UPC allows killer’s issue to take when relevant

Question 8

Disclaimer

Answer 8

1. In writing, signed, and filed with the court; or declared to the person in charge of distributing estate;
2. Identify decedent, describe property interest being disclaimed, define extent of disclaimer;
3. Must disclaim within 9 months of decedent’s death