Gilbert Law Summaries on Wills
Author:
Johanson, Stanley M.
Edition:
12th
Copyright Date:
2011
20 chapters
have results for gilbert law summaries on wills
Title Page 30 results (showing 5 best matches)
Chapter Six: Formal Requisites of Wills 272 results (showing 5 best matches)
- At common law, a male will-maker was referred to as a “testator,” while a female will-maker was called a “testatrix.” Although some lawyers and courts continue to follow this practice, using gender-based terminology to refer to persons who execute wills is as inappropriate as referring to a female doctor as “doctress.” Following the modern and better practice, this Summary uses the term “testator” when referring to either a male or a female will-maker.
- While some cases declare that the validity of a will’s execution is determined under the laws in effect when the will was executed, and others apply the laws in effect at the testator’s death, the decisions are in fact harmonious. If the requirements of due execution were increased by the later statute, the courts apply the statute in existence when the will was executed. If the requirements were liberalized by the later statute, the courts apply the laws in effect at the testator’s death. The effect is to admit the will to probate if it satisfies either the laws in effect when the will was executed or the laws in effect when the testator died. [111 A.L.R. 910]
- In 1984, the National Conference of Commissioners on Uniform State Laws promulgated the Uniform Statutory Will Act. Only two states adopted the Act. [Mass. Gen. Laws ch. 191B, §§1
- A beneficiary may have rights under a will prior to the testator’s death if the testator has
- At common law, if one of two attesting witnesses was also a beneficiary under the will, the witness-beneficiary was and the will was because it was not signed by two competent witnesses. The harsh common law rule has been in all states. In all jurisdictions today, the fact that a will makes a gift to an attesting witness
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Chapter Nine: Contracts Relating to Wills 73 results (showing 5 best matches)
- A promise to make a will, even if in writing and witnessed, is
- For questions on these topics, keep in mind that
- : Charles has two children by his first marriage and two children by his second marriage to Grace. Charles and Grace execute reciprocal wills: Charles’s will provides that his estate is to go to Grace if she survives him; otherwise to the four children. Grace’s will provides that her estate is to go to Charles if he survives her; otherwise to the four children. Charles dies; some years later Grace executes a new will that revokes her earlier will and leaves her entire estate (including the property received from Charles) to her two children and omits Charles’s other two children. On these and similar facts, it is usually held that the reciprocal wills, by themselves, do not support a finding that the wills were contractual. “The power to dispose of one’s property by will is not lightly to be denied …. No express promise or representation was proved in writing or orally to have been made by [Grace] that she would not change her testamentary intent as expressed in the will which she...
- At common law and in states without statutes dealing with the question, a contract to make a will or to make a gift by will need Evidence Summary.) Also, several states require
- Generally, the remedy for breach of contract to make a gift by will is , 799 P.2d 610 (Okla. 1990); 106 A.L.R. 742] (On the constructive trust remedy, Trusts Summary.)
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Chapter Twelve: Probate and Estate Administration 134 results (showing 5 best matches)
- As a general rule, all questions as to the validity or construction of a will are settled in the place of (domicile), and once determined are accepted as binding in the ancillary proceedings. [UPC §3-202] However, because of the situs rule, determinations made by the court handling the primary administration may not always be recognized as conclusive on questions regarding title to real property in another state. ( Conflict of Laws Summary.)
- : Xavier, who was a calendar year taxpayer, dies on May 19, and in due course Elle is appointed executor of Xavier’s estate. On April 15 of the following year, Elle must file Xavier’s final income tax return, which will report Xavier’s income from January 1 to his death on May 19. ( Taxation of Individuals Summary.)
- If the will names the surviving spouse or some other family member as executor, it is quite common for the executor to waive the right to compensation and serve as personal representative at no cost to the estate. There may be tax advantages in doing so, as compensation received by the personal representative is taxable as ordinary income under the federal income tax. If no compensation is paid to the executor, the estate will not be entitled to a deduction for this item under the federal estate tax or state succession tax. However, under current tax laws, very few estates pay estate or succession taxes. ( Estate and Gift Tax Summary.) In such a case, loss of an estate tax deduction for this item would be of only theoretical concern.
- This chapter will give you a general understanding of the estate administration process. Most of this information is not likely to be tested in great detail on a law school exam (although you may see a question on abatement, the nonclaim statute applicable to creditors’ claims, or the powers and duties of an executor). Nevertheless, a careful reading of this chapter will be important to a general understanding of exam questions. For example, you won’t be thrown by unfamiliar terminology such as “ancillary administration,” “formal” versus “informal” probate, or “guardian ad litem.”
- An inheritance tax is considered a tax on the right to inherit. In states that have inheritance taxes, the tax rates and exemptions turn on the amount given to the beneficiary and the beneficiary’s relationship to the decedent. Unless the testator specifies otherwise in the will, the burden of the tax is on the of the gift. Thus, if the testator’s will makes a bequest of $25,000 to Ben, and if an inheritance tax is payable by reason of this bequest, the burden of the tax is on Ben and must be paid out of Ben’s legacy (absent a contrary will provision).
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Chapter Seven: Revocation of Wills 164 results (showing 5 best matches)
- If a subsequent testamentary instrument does not expressly revoke an earlier will, both instruments are admitted to probate, and to the extent possible, the second instrument is treated as a codicil. The second instrument revokes the first will only to the extent that with the first will. [
- By operation of law
- Watch for questions in which the testator makes changes on the will after it has been executed. Remember that in most states, these interlineations are unless the will is a holograph. Under the revised UPC, however, the interlineations will be given effect if there is clear and convincing evidence that this is what the testator intended. If the testator crossed out an existing gift in making the changes, the strikeout may or may not be an effective partial revocation, depending on the state’s laws. If the state recognizes partial revocations, think about whether the revocation can be disregarded under DRR.
- The common law and early American law had no rule dealing with the effect of divorce on a previously executed will. This is not surprising, because divorces rarely occurred in that era.
- Discuss dependent relative revocation (“DRR”) when you see a situation where the testator has revoked a will based on a
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Exam Questions and Answers 94 results (showing 5 best matches)
- Applicability of DRR to 1997 will
- : Solange will not receive the home because the gift adeemed when it was sold to Antoine. However, she might be entitled to the balance of the purchase price owed by Antoine. When a testator makes a specific devise of property in her will and that property is no longer in the testator’s estate at her death ( it fails and the devisee receives nothing. Here, Estelle entered into a contract to sell her home to Antoine. Although the contract has not been fully performed (Antoine still owes a balance on the purchase price), the doctrine of equitable conversion applied once the contract became enforceable. Under the doctrine of equitable conversion, the seller (Estelle) becomes the owner of a personal property right and the purchaser (Antoine) becomes the owner of the real property. ( Property Summary.) Thus, Estelle owned only a contract right on her death; she no longer was the owner of the home. Since the home was no longer in her estate on her death, the gift adeems and Solange has no...
- Flavia, a 78-year-old widow, suffered from the infirmities of advanced age. On July 1, she entered a nursing home. Eduardo, a practical nurse and former neighbor of Flavia, frequently visited Flavia in the nursing home. He would often feed her and provide other minor assistance. On December 15, Eduardo suggested to Flavia that she should have a new will because the tax laws were recently changed (which was true). On December 20, Counsel, an attorney, came to the nursing home at Eduardo’s request. Counsel prepared and supervised the execution of a new will which devised the bulk of Flavia’s estate to Eduardo. Counsel then asked Flavia to give him the old will “because it is now obsolete.” Flavia acceded to this request and handed the document to Counsel. After returning to his office, Counsel wrote “Void” across each page of the old will and placed it in the file with the new will. Under the old will, Flavia’s entire estate was devised to her grandson Javier.
- : John will take one-fifth of the $200,000 estate, or $40,000, under the terms of the will. Under majority law, the destruction of a codicil revokes only the codicil and not the prior will. The will is read as though the codicil had never been executed. Here, Margaret properly revoked her codicil and her will is read as it was originally written. Thus, John takes under the terms of the original will.
- Tim Brown went to a program at his church, sponsored by the local bar association, on estate planning and the need for the average citizen to have a will. After the meeting, Tim decided he needed a will. Concluding that he did not own enough property to warrant paying a lawyer to draft his will, Tim wrote the following handwritten statements on a yellow legal pad:
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Chapter Eight: Components of a Will 76 results (showing 5 best matches)
- : On January 1 of this year, Tessa signed her will and had it witnessed. She did not know that under applicable state law it had to be witnessed by two competent witnesses; she had just one person witness the will. Later in the year she decided to make a few changes to her will, and this time she properly executed a codicil that stated that she “hereby republish[es] all terms of the will I signed on January 1 of this year that are not inconsistent with the terms of this codicil.” The codicil incorporates by reference the terms of the earlier, invalid “will.”
- If the testator makes such a provision only after the designated beneficiary has assured the testator that he will dispose of the property as the testator has instructed, extrinsic evidence is admissible to show fraud, and a Trusts Summary.)
- A “pour-over” gift is a testamentary gift to a trust created during the decedent’s lifetime, with the testamentary assets to be administered and distributed as part of that trust. Suppose, for example, that Carol creates a revocable inter vivos trust, and later executes a will devising her residuary estate “to the First National Bank, trustee of the trust that I executed on January 11, 2010.” The objective of such a pour-over gift is to provide a Trusts Summary.)
- In most cases, a will is a complete, formally executed document that needs no other document or fact to administer and distribute the decedent’s estate. However, sometimes you will see a will that makes a reference to another document or fact. Whether the court will recognize the other document or fact usually depends on whether it falls within one of the following categories:
- Integration problems rarely arise on Wills exams, but you may see one where heirs are contesting the will or where there are suspicious circumstances ( when the testator signed the will and that the testator must have them to be part of the will.
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Chapter Two: Intestate Succession 47 results (showing 5 best matches)
- : Olivia places assets in a revocable or irrevocable inter vivos trust that names Ted as trustee. Under the terms of the trust, the trustee is to pay the income to Olivia for life, and on Olivia’s death is to distribute the trust principal to Olivia’s descendants. Legal title to the trust assets is in Ted; Olivia and her descendants have equitable interests. On Olivia’s death, disposition of the trust principal is governed by the terms of the trust, and not by Olivia’s will or the intestacy statutes. ( Trusts Summary.)
- In general, the law of the state where the decedent was , and the law of the state where Conflict of Laws Summary.)
- Property held in a valid joint tenancy with the right of survivorship, property owned by spouses as tenants by the entireties, and funds on deposit in a valid survivorship bank account pass by right of survivorship to the surviving party. These interests do not pass under the decedent’s will, and are not subject to estate administration or to the intestacy laws.
- The typical Wills exam will contain at least one question raising intestate succession issues. Even when the particular question involves a will, intestate succession laws may be involved in distributing the estate. Also, the intestacy rules may come into play if the question involves a pretermitted child (born or adopted after the will was executed) or an omitted spouse (marriage after the will was executed). Therefore, for virtually every question, you should at least consider whether the laws of intestate succession apply. Ask yourself:
- If the decedent held a power of appointment over an asset, that asset is not subject to the intestacy laws. ( Future Interests & Perpetuities Summary.)
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Gilbert Exam Strategies 129 results (showing 5 best matches)
- If the testator marries after executing a will and the state has an omitted spouse statute, the will is revoked so as to give the spouse an intestate share of the decedent’s estate unless (i) the will provides for the new spouse, (ii) the will indicates that the omission was intentional, or (iii) the will was made in contemplation of marriage. In states without omitted spouse statutes, it is generally provided that marriage following execution of a will has no effect on the will, but the new spouse has rights under the elective share statute (or, in community property states, under the community property system), homestead laws, exempt personal property set-aside, and family allowance.
- In the “no revival of revoked wills” situation, be ready to discuss DRR. Under this doctrine, a revocation by physical act can be disregarded if it is shown to have been based on a mistake of law or fact as to the validity of another disposition it is shown that the testator’s intent will more nearly be effectuated if the revocation is disregarded.
- ambiguity arises when the will’s terms, although clear on its face, are susceptible to more than one meaning when applied to the facts; the will names a beneficiary, but two persons (or no person) meet the description. Parol evidence is admissible to cure a latent ambiguity. A ambiguity arises when the mistake is apparent on the face of the will; the will refers to a cousin Bill and a cousin Sandy, and then makes a gift “to my cousin.” The courts are divided on whether parol evidence is admissible to cure a patent ambiguity, but the better view is that it is admissible.
- contract law
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Chapter Eleven: Will Contests and Related Matters 199 results (showing 5 best matches)
- Clark, above). Regardless of the strength of the evidence, the court will not write a will on behalf of the decedent, or identify supposed will beneficiaries on the basis of oral testimony. All testamentary gifts must be contained in a will executed by the decedent; and in the absence of such a writing, the laws of intestate succession must apply.
- are recognized by the statute: (i) a contest on the ground that the will was by a later will, if the contest was based on a challenge to probate of a will on the ground that the testator was a domiciliary of another state); (iii) a contest brought on the will’s terms. [N.Y. Est. Powers & Trusts Law §3-3.5]
- A will contest poses the issue of whether the document offered for probate is a valid will. While the contestant may contend that the will should be denied probate because it was .) or that the will, although validly executed, was .), when courts speak of will contests, they are referring to situations in which a will is challenged on the ground that the testator at the time the will was signed ( that the proffered document was to serve as the testator’s will ( .), or that the will, or a particular gift in the will, was the product of .). The will also may be contested on the ground that the will or a gift therein was procured as the result of a .), or that the document was executed (or a gift in the will was made) as the result of a
- Evidence as to the testator’s capacity or lack thereof must relate to the date on which the will is signed, or shortly before or thereafter. The more distant in time a particular fact may be, the less probative it is on the central issue: Did the testator have capacity
- on the misrepresentations. There is no basis for challenging a will on grounds of fraud if the same will would have been made regardless of the alleged misrepresentations. [
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Chapter Four: Succession Problems Common to Intestacy and Wills 96 results (showing 5 best matches)
- In making a federal estate tax marital deduction gift by will, it may be advisable to in a will is given effect for federal tax purposes. ( Estate and Gift Tax Summary.)
- : Jack dies leaving a $5 million estate, and a will that devises “all my property to my wife Sherry if she survives me; otherwise to my children.” Sherry survives Jack, but only by three months. Because of the unlimited federal estate tax marital deduction, there is no estate tax on Jack’s estate. But Sherry is left with an estate of $5 million and no marital deduction available to reduce taxes in her estate. Sherry’s executor could disclaim one-half of the gift from Jack’s will; the disclaimed one-half would bypass Sherry and go directly to the children. Jack and Sherry each would have taxable estates of $2.5 million. Because of the federal estate tax unified credit and its exemption equivalent, no estate tax would be due from either estate. ( Estate and Gift Tax Summary.)
- Under the common law rule, application of the satisfaction of legacies doctrine depends on the testator’s intent. In ascertaining intent, courts look to statements made in the will itself or to
- Nearly all states have eliminated the common law rule by constitutional or statutory provision. Conviction of a felony does not result in corruption of the blood, forfeiture, or escheat. However, when the felony involves killing the person whose property is being distributed, the above rules apply, and the felon is treated as having predeceased the person. Thus, if the decedent died intestate, the property will descend to her surviving heirs (excluding the felon) according to the jurisdiction’s intestacy statutes. If the decedent left a will making a gift to the felon, the property will pass to the felon’s heirs pursuant to the anti-lapse statute, if applicable. If the anti-lapse statute does not apply, the property will pass under the will’s residuary clause, or, if none, under the intestacy statutes. [
- At common law, an inter vivos donee or a will beneficiary
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Chapter One: Uniform Probate Code 6 results (showing 5 best matches)
- Your Wills or Decedents’ Estates casebook probably gives a lot of attention to the (“UPC”), and your professor is likely to make quite a few references to the UPC during the semester. This probably will be true even if the course focuses on the laws of a particular jurisdiction, for the professor is likely to contrast your state’s statutes and rules with the UPC provisions dealing with the same issues. This chapter briefly introduces you to the original and revised versions of the UPC and explains the history of the UPC and its current status with regard to adoption by the states. The UPC is important to know not only because it represents the modern view with respect to Wills law, and thus is often the focus of law school Wills courses, but also because most states have enacted at least a few provisions of the UPC.
- Article II, named “Intestate Succession and Wills” in the original UPC, was substantially modified in the revised UPC to reflect the increased use of nonprobate transfers ( revocable trusts, life insurance, and employee benefit plans) in passing wealth from generation to generation. (The Article was renamed “Intestacy, Wills, and Donative Transfers.”) Many of the rules formerly applicable only to wills ( the effect of divorce on a previously executed will) were extended to nonprobate transfers. Also, the intestate shares of surviving spouses were greatly increased. Conversely, the rules governing the effect of marriage on a previously executed will were modified to reflect the increased number of remarriages by parties with children from an earlier marriage. The rules governing a surviving spouse’s elective share were radically altered to reflect a partnership theory of marriage. Significant changes, some of them controversial, also were made to the anti-lapse statute (which applies...
- The Uniform Probate Code (“UPC”) has had a major impact on the laws governing decedents’ estates. Over one-third of the states have enacted all or most of the UPC (either the original UPC promulgated in 1969 or the revised UPC promulgated in 1990). [Unif. Probate Code, 8 U.L.A. pt. I, at 1 (Supp. 2009)] (Florida, although officially listed as a UPC jurisdiction, has enacted only a few UPC provisions.) Other states ( Alabama, California) have adopted many of the substantive UPC provisions governing wills and intestate succession, but have not adopted the UPC’s procedural rules governing the administration of estates. Finally, many states have made selective adoptions of several of the UPC provisions governing wills and intestate succession. As a result, the laws of nearly all American jurisdictions have been affected by the UPC. [Roger W. Anderson,
- The original UPC, promulgated in 1969, had three objectives: First, the original UPC sought to modernize and clarify a number of substantive rules of Wills and Intestacy law that were deemed unsuitable under modern conditions. Second, the procedural rules governing the probate of wills and the administration of estates were modernized to provide a simpler and less costly alternative to court-supervised administrations. Third, the original UPC sought to bring greater uniformity to the laws governing wills and estates. (As noted above, this objective has not been realized.) The UPC was amended frequently, a number of amendments having been made in 1975, with amendments of lesser scope between 1977 and 2008.
- 4. Terminology and Coverage in this Summary [§31]
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Chapter Five: Restrictions on the Power of Testation—Protection of the Family 142 results (showing 5 best matches)
- At early common law, “ ” restrictions were placed on the right to make testamentary gifts to a . The reasons were twofold: (i) testators otherwise might be inclined to favor the church over their heirs in wills made shortly before death, out of a concern for increasing their chances in the hereafter; and (ii) the sovereign was concerned about great accumulations of wealth (at common law, land) by the church.
- executing his will, the surviving spouse may be unintentionally disinherited through the premarital will. In some states, the will is revoked so as to give the spouse an intestate share of the decedent’s estate. In other states, marriage has no effect on the will, but the new spouse has rights under the elective share statute (or, in community property states, under the community property system), homestead laws, exempt personal property set-aside, and family allowance. (
- Although a testator must comply with the formalities required for will execution in order to make an effective disposition, the law imposes few limitations on how, or to whom, a testator may bequeath his estate. This chapter outlines those restrictions on the power of disposition that are designed to protect the testator’s family against disinheritance. Whenever you encounter an exam question in which a testator is survived by a spouse or child, you must consider whether any of these limitations on testation apply.
- In the states that do not have quasi-community property statutes applicable to distributions at death, the ownership character of an asset is governed by the laws of the marital domicile Conflict of Laws Summary.)
- Election wills were occasionally used in the 1960s and 1970s because of perceived advantages under the federal estate tax. Election wills are rarely employed today largely because of changes in the tax laws.
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Capsule Summary 449 results (showing 5 best matches)
- Intestacy laws differ, even among the states that have adopted the UPC. This Summary covers the general patterns of intestate distribution of many states, both common law and community property states. (Most separate property in community property states is covered by these general rules; community property is governed by other intestacy statutes.)
- A few states still follow the common law rule. The other states are divided on the effect of marriage on a previously executed will.
- Enacted by nearly all of the states, this Act admits a will to probate if the will was executed in accordance with the law of that jurisdiction, the law of the state where it was executed, the law of the testator’s domicile at the time of execution, the law of the testator’s domicile at death.
- executing a will, the surviving spouse may be unintentionally disinherited. Under various state laws, the spouse may have some protection, such as revocation of the will to give the spouse an intestate share, an elective share or other protection under community property laws, or homestead laws, exempt personal property set-aside or family allowance.
- There is no requirement that the testator’s and witnesses’ signatures be on the same page. Note that a be an attesting witness because the attorney and her law firm cannot represent the estate if the will is contested.
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Chapter Ten: Changes in Beneficiaries and Property After Execution of Will 149 results (showing 5 best matches)
- In making a federal estate tax marital deduction gift by will, it may be advisable to reverse the USDA presumption to preserve the deduction. Such a Estate and Gift Tax Summary.)
- From the time a will is executed until the testator’s death, a number of things can happen that may have an effect on the will’s terms. A well-drafted will should cover all reasonably foreseeable contingencies that could affect the will, and should specify what is to happen if the indicated events occur. However, because well-drafted wills are no challenge to students, you are not likely to see one on your exam. Rather, the will you are likely to encounter may require you to consider the rules and statutes discussed in this chapter. Indeed, the odds are very high that one, and perhaps several, of the topics in this chapter will be tested on your exam. If, for example, the will in your question says “I devise Blackacre to my brother Bob,” you can be pretty certain that something is going to happen to either Blackacre or Bob.
- In nearly all states, the anti-lapse statutes apply only to wills, and do not apply to nonprobate transfers. However, the revised UPC provides an anti-lapse statute (with the same scope as the statute applicable to wills) to beneficiaries of life insurance policies, bank accounts in “pay on death” (“P.O.D.”) form, securities in “transfer on death” (“T.O.D.”) form, pension plans, and the like. [UPC §2-706]
- At common law and in a handful of states today, the share of the deceased residuary beneficiary does pass to the remaining residuary beneficiaries unless the will so provides. Instead, that share “falls out of the will” and passes by , 167 S.W.3d 299 (Tenn. 2005); 36 A.L.R.2d 1117] This is commonly referred to as the “no residue of a residue” rule, the theory being that the residuary clause cannot “catch” property that is itself a part of the residuary estate. The rule is also said to rest on the testator’s intent that the residuary beneficiaries were to receive the indicated shares and no more.
- If a beneficiary named in a will dies during the testator’s lifetime, the gift to the beneficiary lapses; . This result is based on a fundamental principle: A will cannot make a gift to a dead person because a dead person cannot hold title to property.
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Summary of Contents 59 results (showing 5 best matches)
Index 177 results (showing 5 best matches)
Chapter Three: Inheritance Rights as Affected by Status of Child or Sibling 18 results (showing 5 best matches)
- In other states, adoption of a child by the spouse of a genetic parent has no effect on the relationship between the child and Original UPC §2-109(1); 755 Ill. Comp. Stat. 5/2-4(d)(1); N.Y. Dom. Rel. Law §117(1)(e)]
- : Foster parents obtain custody of a child based on an agreement with the genetic parent that they will adopt the child and “give him our name.” After obtaining custody, the foster parents do not perform their agreement. One of the foster parents dies intestate. The child may inherit from the decedent. Because in equity the foster parent would be estopped to deny performance of the agreement, so
- Under common law principles and by statute in many states, a child conceived during the father’s lifetime but born after the father’s death is considered the decedent’s child for inheritance purposes. [ 755 Ill. Comp. Stat. 5/2-3; N.Y. Est. Powers & Trusts Law §4-1.1(d)]
- Although the adoptive relationship was recognized in Roman and Hebrew law, adoption was unknown to the English common law. Beginning with legislation in Texas and Vermont in 1850, all of the states now permit adoptions. However, in many states the statutes governing inheritance by adopted children were not enacted until well into the 20th century. As a result, early cases had to deal with the inheritance rights of adopted children without the aid of a statute.
- 1. Early Law [§31]
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Appendix: Representative Intestacy Statutes 28 results (showing 5 best matches)
- Quasi-community property is treated the same as true community property for intestate succession purposes. If the decedent (the “acquiring spouse”) left a will, the will can dispose of only one-half of the quasi-community property. The other one-half passes to the surviving spouse. If the decedent left no will, the quasi-community property passes to the surviving spouse. [Cal. Prob. Code §6401(b)]
- A parent cannot inherit from her child if she failed or refused to support the child or abandoned the child when the child was under the age of 21, whether the child died before or after age 21. If the parent is disqualified, the child’s estate is distributed as though the parent predeceased the child. A biological parent is not disqualified from inheriting if she placed the child with an agency based on the agency’s fraudulent promise, not kept, to arrange for the child’s adoption. [N.Y. Est. Powers & Trusts Law §4-1.4]
- If a husband and wife die within 120 hours of each other, one-half of the community property passes under the husband’s will or by intestacy as though he survived his wife, and the other one-half passes under the wife’s will or by intestacy as though she survived her husband. [Tex. Prob. Code §47(d)]
- If there are no grandparents on the maternal (or paternal) side, that one-half passes to the maternal (or paternal) great-grandparents and their descendants on that side, or to great-great-grandparents and their descendants, “and so on without end” until a living relative is found on the maternal (or paternal) side. Unlike the UPC, Texas has no limit on the degree of relationship that qualifies one to take as an heir.
- If the decedent was not survived by a spouse, grandparents, or the descendants of grandparents, one-half of the estate passes to the decedent’s maternal great-grandparents or the surviving great-grandparent or, if neither is living, to their descendants per stirpes. The other one-half passes to the paternal great-grandparents or their descendants in the same manner. If there are no surviving greatgrandparents or their descendants on one side, the entire estate passes to the great-grandparents or their descendants on the other side.
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- Publication Date: September 10th, 2010
- ISBN: 9780314268914
- Subject: Trusts and Estates
- Series: Gilbert Law Summaries
- Type: Outlines
- Description: The topics covered in this outline are intestate succession, simultaneous death, advancements, disclaimer, killer of decedent, elective share statutes, pretermitted child statutes, homestead, and formal requisites of a will. Also discussed are revocation of wills, incorporation by reference, pour-over gift in an inter vivos trust, joint wills, contracts relating to wills, lapsed gifts, ademption, exoneration of liens, will contests, and probate and estate administration.
