Vocabulary Flashcards
Is a term used in American law relating to inheritance, which describes a proportion of an estate which the surviving spouse of the deceased may claim in place of what they were left in the decedent’s will.
Elective Share (511)
Is the portion of a deceased person’s estate that the surviving spouse is entitled to claim under state law. In many states, such share (also called the statutory/elective share) is about one-third of the deceased spouse’s property. In some states, however, the amount the surviving spouse can claim depends on whether or not the couple has young children. In a few states, on how long the couple was married. In most states, if the deceased spouse left a will, the surviving spouse must choose either what the will provides or the elective share.
Forced Share (511)
A state in which property of one spouse is owned before the marriage. Gifts received by one spouse before or during the marriage.
Separate Property States
A state in which income or property acquired by a husband or wife during the course of their marriage, except for the income or property obtained solely by one of them by gift or inheritance.
Community Property State
A spouse omitted from T’s Will.
Pretermitted Spouse
Proportional
Pro Rata (518)
The passing of property at death.
Succession (1)
Occurring, awarded, or appearing after the death of the originator.
Posthumous (1)
Statutes that have been laid down by a legislature, court, or other human institution and which can take whatever form the authors want.
Positive Law (3)
A feeling of disgust; loathing disgust.
abhorrence (63)
A person who dies w/ a will is said to die ___.
Testate (63)
People who die intestate, or w/o a will, have property that will distributed according to the ___ of the law of ___.
Default Rules / Intestacy (63)
If a will disposes of only part of the probate estate the result is a ___ in which the probate property not disposed of by the will passes by ___.
Partial Intestacy / Intestacy (63)
