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Decedent's Estate (Revocation (Physical Act: burning, tearing,…
Decedent's Estate
Revocation
Physical Act: burning, tearing, canceling, obliterating, or destroying the will or any part of it.
Dependent relative revocation: Testator revokes an old will with the intention that a newly executed will replaces it. If new will is not made or is invalid, some jurisdictions will admit the revoked will to probate. Need evidence of testator's intent.
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Surviving spouse married testator after testator executed the will. Surviving spouse entitled to the value of the share she would have received if the testator had died intestate.
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Testator divorces after making a will - all provisions in favor of the ex-spouse become ineffective for all purposes, unless the provisions were intended to survive the divorce.
Intestate Succession: If there are no surviving descendants, the spots takes the entire estate. A surviving spouse takes on-thrid or one-hals of the estate if there are surviving descendants.
Per Capita with Representation (majority rule): The property is divided into equal shares at the first generational level.
Per Capita at Each Generational Level: Parents, siblings, and other collateral kin never inherit if the decedent is survived by children or more remote descendants such as grandchildren and great-grandchildren.
Bequests
Types of bequest
General legacy: payable out of the general assets of the decedent's estate and not in any separated or distinguished fund from other things of the same kind.
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Specific bequest: gift of a specific article or other property, which is identified and distinguished from all other things of the same kind and is satisfied only by delivery of the particular thing.
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