Wills

Question 1

How is a testators will determined under certain state law?

Answer 1

The law of the state where the testator was domiciled at the time of his death.

Question 2

What can a court do if a will is ambiguous?

Answer 2

courts allow extrinsic evidence to resolve the ambiguity.

To resolve ambiguities, the facts and circumstances surrounding the execution of the will may be taken into account.

Question 3

Anti Lapse statute

Answer 3

if a beneficiary named in a will predeceases the testator, the devises will vest in his or her descendants

(1) if the predeceased beneficiary is a blood relative of the testator
AND
(2) has descendants who survived the testator.

Question 4

Prenuptial agreement that waives rights to a share of each other’s assets does what?

Answer 4

Does not bar either party from making bequests to the other spouse.

Question 5

Decedent is divorced after execution of a will

Answer 5

Bequests in favor of decedents former spouse is revoked by operation of law.

FINAL DIVORCE DECREE though, no pending action.