Transfer on Death (TOD) Application and Agreement Sub Firm: 211 Account #: 1 Account Holder Information

Total Page:16

File Type:pdf, Size:1020Kb

Transfer on Death (TOD) Application and Agreement Sub Firm: 211 Account #: 1 Account Holder Information Transfer on Death (TOD) Application and Agreement Sub Firm: 211 Account #: 1 Account Holder Information Account Holder(s) Name Social Security Number(s) Account Holder(s) Address City, State Zip You are applying for registration of your account in If you are married and live in a community property jurisdiction, beneficiary form thereby assigning ownership of the account you understand that if you designate a beneficiary who is not on your death to your beneficiary(ies) named within. You direct your spouse, your spouse must approve your designation of your broker and First Clearing* to transfer all TOD-eligible beneficiary by signing this form. Community property assets in this account in accordance with this application and jurisdictions are as follows: Alaska, Arizona, California, Idaho, the TOD agreement included with this application. Louisiana, Nevada, New Mexico, Texas, Washington, Wisconsin, and Puerto Rico. Note that in Alaska, community property rules You release your Broker, First Clearing, and their agents and may be adopted by agreement signed by the married couple. representatives from all claims, demands, suits, actions, liabilities and responsibilities whatsoever and agree to IF YOU ARE MARRIED AND LIVE IN A COMMUNITY PROPERTY indemnify them from any and all liabilities, cost or expense JURISDICTION, YOU UNDERSTAND THAT A SUBSEQUENT whatsoever including attorney’s fees, for acting in good faith MARRIAGE PRIOR TO YOUR DEATH MAKES THIS DESIGNATED in accordance with the instructions and the privileges selected BENEFICIARY INEFFECTIVE AND YOU UNDERSTAND THAT ANY herein. You further certify that you received and read the TOD SPOUSE TO WHOM YOU ARE MARRIED AFTER YOU MAKE agreement included with and made a part of this application. THIS DESIGNATION MUST CONSENT TO YOUR DESIGNATION. All terms of this application and agreement shall be binding Also see page four. upon your heirs, representatives and assigns. IF YOU ARE MARRIED AT THE TIME OF YOUR DEATH, AND LIVE IN A COMMUNITY PROPERTY JURISDICTION, AND IF YOUR BROKER HAS NOT ACCEPTED AN APPLICATION THAT INCLUDES THE APPROPRIATE SPOUSAL CONSENT, YOU UNDERSTAND THAT THIS BENEFICIARY DESIGNATION IS INEFFECTIVE AND THAT ALL TOD-ELIGIBLE ASSETS WILL BE DISTRIBUTED TO YOUR ESTATE. 2 Primary Beneficiary(ies) Designation At the death of the last surviving account owner and upon receipt of all required documents, your Broker will transfer all TOD-eligible assets in the account to the following primary beneficiaries who survive the last surviving account owner. Unless different percentages are indicated below, the TOD-eligible assets in the account shall be divided equally among the primary beneficiaries. The percentages designated below must add up to 100%. Note: If you designate any beneficiaries that are minors, you MUST designate a Custodian under the Uniform Transfers to Minors Act (UTMA.) (For example, list the custodian's name and indicate “as custodian for” and then list the minor's name.) You must check ONE below: If any primary beneficiary is not alive when the last surviving account owner dies or if that beneficiary disclaims his/her interest, that beneficiary’s share shall be distributed as follows: ☐ To the remaining primary beneficiary(ies) on a pro rata basis (proportionate to the designated percentages). ☐ To the applicable contingent beneficiary(ies) designated in the Contingent Beneficiary Designation section on pages 2 and 3. ☐ To the last surviving account owner’s estate. ☐ To the heirs of the pre-deceased / disclaimed primary beneficiary(ies) per stirpes. If you check this box, you must also complete the Per Stirpes Designation section on page 3. *Account(s) carried by First Clearing. First Clearing is a trade name used by Wells Fargo Clearing Services, LLC, a registered broker-dealer and non-bank affiliate of Wells Fargo & Company. Securely email, fax or mail completed form to: Page 1 of 6 TODF.2016.11.12.05 [email protected] | 352-224-1341 | PO Box 358230, Gainesville, FL 32635 Sub Firm: 211 Account #: Primary Beneficiary(ies) Designation (CONTINUED) (Please use a separate sheet if additional beneficiaries are desired. The sheet must be signed by all account owners.) Relationship to Client Beneficiary Name Social Security or Tax ID # Beneficiary Phone # 1 Designated Percentage Beneficiary Address City, State, Zip Birthday or Trust Date % Relationship to Client Beneficiary Name Social Security or Tax ID # Beneficiary Phone # 2 Designated Percentage Beneficiary Address City, State, Zip Birthday or Trust Date % Relationship to Client Beneficiary Name Social Security or Tax ID # Beneficiary Phone # 3 Designated Percentage Beneficiary Address City, State, Zip Birthday or Trust Date % Relationship to Client Beneficiary Name Social Security or Tax ID # Beneficiary Phone # 4 Designated Percentage Beneficiary Address City, State, Zip Birthday or Trust Date % Relationship to Client Beneficiary Name Social Security or Tax ID # Beneficiary Phone # 5 Designated Percentage Beneficiary Address City, State, Zip Birthday or Trust Date % Relationship to Client Beneficiary Name Social Security or Tax ID # Beneficiary Phone # 6 Designated Percentage Beneficiary Address City, State, Zip Birthday or Trust Date % 3 Contingent Beneficiary(ies) Designation (Please use a separate sheet if additional beneficiaries are desired. The sheet must be signed by all account owners.) Contingent to Primary Percentage of Primary Beneficiary Name Social Security or Tax ID # Beneficiary Number(s): Beneficiary’s Share 1 % Beneficiary Phone # Beneficiary Address City, State, Zip Birthday or Trust Date Contingent to Primary Percentage of Primary Beneficiary Name Social Security or Tax ID # Beneficiary Number(s): Beneficiary’s Share 2 % Beneficiary Phone # Beneficiary Address City, State, Zip Birthday or Trust Date Contingent to Primary Percentage of Primary Beneficiary Name Social Security or Tax ID # Beneficiary Number(s): Beneficiary’s Share 3 % Beneficiary Phone # Beneficiary Address City, State, Zip Birthday or Trust Date Securely email, fax or mail completed form to: Page 2 of 6 TODF.2016.11.12.05 [email protected] | 352-224-1341 | PO Box 358230, Gainesville, FL 32635 Sub Firm: 211 Account #: Contingent Beneficiary(ies) Designation (CONTINUED) Contingent to Primary Percentage of Primary Beneficiary Name Social Security or Tax ID # Beneficiary Number(s): Beneficiary’s Share 4 % Beneficiary Phone # Beneficiary Address City, State, Zip Birthday or Trust Date Contingent to Primary Percentage of Primary Beneficiary Name Social Security or Tax ID # Beneficiary Number(s): Beneficiary’s Share 5 % Beneficiary Phone # Beneficiary Address City, State, Zip Birthday or Trust Date Contingent to Primary Percentage of Primary Beneficiary Name Social Security or Tax ID # Beneficiary Number(s): Beneficiary’s Share 6 % Beneficiary Phone # Beneficiary Address City, State, Zip Birthday or Trust Date Optional Designation ☐ Check this box only if you would like to designate the contingent beneficiary(ies) named in this section to share in the account per stirpes. This will entitle the share of the pre-deceased / disclaimed contingent beneficiary(ies) to pass to his/her descendants. If you check this box, you must also complete the per stirpes designation section at the bottom of this page. 4 Per Stirpes Designation - OPTIONAL PER STIRPES DESIGNATION Complete this section only if you have designated primary or contingent beneficiaries to share in the account per stirpes. Per Stirpes is a method of distributing the assets should a beneficiary predecease the account holder. This designation is optional. A per stirpes designation means that if a beneficiary dies before you, upon your death, the predeceased beneficiary's share will pass to his or her descendants. For example, suppose you have named 2 primary beneficiaries, Beneficiary A and Beneficiary B. They are to share equally the assets of the account. Both Beneficiaries have 2 children. If you make a per stirpes designation and both beneficiaries survive you, 50 % will be paid to Beneficiary A and 50% will be paid to Beneficiary B. If Beneficiary A survives you but Beneficiary B predeceases you, upon your death 50% is paid to Beneficiary A, and the other 50% that would normally be paid to Beneficiary B will be divided equally and paid to the two children of Beneficiary B. If you elect to make this designation, you must designate a Personal Representative or a "role". A role is described as an executor or trustee. Upon your death, your Broker will rely on the instructions provided by this individual for proper distribution instructions. This is a simplified example of per stirpes. Before making this designation, you should obtain a complete explanation from your legal advisor. It is important that you have a full understanding prior to designating a per stirpes beneficiary. In order to make a per stirpes designation, you must have designated either the primary beneficiaries named in the Primary Beneficiary Designation section, or the contingent beneficiaries named in the Contingent Beneficiary Designation section to share in the account per stirpes. Completion of one of the following choices is also required: ☐ I designate a personal representative to provide my Broker with the proper identity of any unnamed beneficiaries and the extent of their interest in the account identified above. My personal representative will be ☐ I designate an individual serving in a specific capacity or role to provide my Broker with the proper identity of any unnamed
Recommended publications
  • Arizona Trust Code
    ARIZONA TRUST CODE Presented December 2008 Victor J. Schultz Vice President and Trust Counsel Marshall & Ilsley Trust Company N.A. (414) 287-7019 [email protected] Christopher F. Gloe Susan L. Collins Vice President and Trust Counsel Vice President and Trust Counsel Marshall & Ilsley Trust Company N.A. Marshall & Ilsley Trust Company N.A. (414) 287-7204) (608) 232-2071 [email protected] [email protected] 12/22/08 ARIZONA TRUST CODE TABLE OF CONTENTS I. Background and History ………………………………………………………… 1 II. Scope and Organization of the Arizona Trust Code…………………………….. 2 III. Article I – General Provisions ………………………………………………….. 3 A. Short Title. (§14-10101) …………………………………………… ….. 3 B. Scope. (§14-10102) …………………………………………………….. 3 C. Selected Definitions. (§14-10103) ……………………………………… 3 D. Knowledge. (§14-10104) ………………………………………………. 6 E. Default and Mandatory Rules. (§14-10105) …………………………… 7 F. Common Law of Trusts; Principal of Equity. (§14-10106) ……………. 8 G. Governing Law. (§14-10107) ………………………………………… 8 H. Principal Place of Administration. (§14-10108) ………………………. 9 I. Methods and Waiver of Notice. (§14-10109) ………………………… 10 J. Others treated as Qualified Beneficiaries. (§14-10110) ……………….. 10 K. Non-Judicial Settlement Agreement. (§14-10111) ……………………. 10 L. Rules of Construction. (§14-10112) …………………………………… 11 IV. Article II – Judicial Proceedings ……………………………………………… 11 A. Role of Court in Administration of Trust. (§14-10201) ………………. 11 B. Jurisdiction over Trustee and Beneficiary. (§14-10202) ……………… 12 C. Subject Matter Jurisdiction. (§14-10203) ……………………………. 12 D. Venue. (§14-10204) ………………………………………………….. 12 E. Alternative Dispute Resolution. (§14-1404) …………………………. 12 V. Article III – Representation - §14-10301. …………………………………….. 13 A. Representation; Basic Effect. (§14-1404) …………………………… 13 B. Representation by Holder of General Power of Appointment (§14-1405) 13 C. Representation by Fiduciaries and Parents.
    [Show full text]
  • MAINE PROBATE LAW REVISION COMMISSION REPORT of The
    MAINE PROBATE LAW REVISION COMMISSION REPORT of the COMMISSION'S STUDY AND RECOMMENDATIONS CONCERNING MAINE PROBATE LAW October 1978 Foreword The following Report to the Legislature of the Maine Probate Law Revision Commission's study and recommendations is intended to supplement the Commission's Report and Summary which was transmitted to the Legislative Council by a letter of transmittal dated September 29, 1978. The legislation which set up the Maine Probate Law Revision Commission, P.&S.L. 1973, ch. 126. directed the Commission to make a comprehensive study of Maine probate law. Such a study of an entire major area of the law seemed to require a more extensive report than is possible in the fifty page summary that was previously transmitted. The more extensive report, therefor, was deemed necessary in order to fulfil the responsibility of explaining more fully to the citizens of Maine, and to the Legis- lature, the nature of the Commission's study and recommendations. It is hoped that this report will serve as a helpful refer- ence for Legislators and interested citizens to the various areas covered by the Commission's work and its proposed Maine Probate Code. CONTENTS Chapter 1.1. Wills Wills and and Intestate Intestate Succession Succession . 11_...a•Oe. ,....... a a 1 A. IntestateIntestate Succession Succession . .. ..•......... • 1 1. The Present Maine System . .. .a • 9.0• • e*0 „ 1 2. The Uniform ProbateProbate CodeCode SystemSystem ofof InheritanceInheritance. 13 3. Representation . ,a .• Op 005011 4ROO 1 0 Ba eea . 17 4. Advancements andand DebtsDebts OwedOwed DecedentsDecedents . ./4 •a e,a a• a- .4 2525 5.
    [Show full text]
  • LAW and LEGISLATIVE DIGITAL LIBRARY at the Maine State Law and Legislative Reference Library
    MAINE STATE LEGISLATURE The following document is provided by the LAW AND LEGISLATIVE DIGITAL LIBRARY at the Maine State Law and Legislative Reference Library http://legislature.maine.gov/lawlib Reproduced from scanned originals with text recognition applied (searchable text may contain some errors and/or omissions) ONE HUNDRED AND NINTH LEGISLATURE Legislative Document No. I STATE OF MAINE IN THE YEAR OF OUR LORD NINETEEN HUNDRED SEVENTY-NINE AN ACT to Establish the Maine Probate Code. Be it enacted by the People of the State of Maine, as follows: Sec.!. IS-A MRSA is enacted to read: TITLE IS-A MAINE PROBATE CODE ARTICLE I GENERAL PROVISIONS, DEFINITIONS AND JURISDICTION PART 1 SHORT TITLE, CONSTRUCTION, GENERAL PROVISIONS § I-IOI. Short title This Act shall be known and may be cited as the Maine Probate Code. § 1-102. Purposes; rule of construction (a) This Code shall be liberally construed and applied to promote its underlying purposes and policies. (b) The underlying purposes and policies of this Code are: (I) to simplify and clarify the law concerning the affairs of decedents, missing persons, protected persons, minors and incapacitated persons; 2 LEGISLATIVE DOCUMENT No. (2) to discover and make effective the intent of a decedent in the dis­ tribution of his property; (3) to promote a speedy and efficient system for liquidating the estate of the decedent and making distribution to his successors; (4) to facilitate use and enforcement of certain trusts; (5) to make uniform the law among the various jurisdictions. § 1-103. Supplementary general principles of law applicable Unless displaced by the particular provisions of this Code, the principles of law and equity supplement its provisions.
    [Show full text]
  • Intestacy and the Surviving Spouse
    William and Mary Review of Virginia Law Volume 2 (1954-1956) Issue 2 Article 4 May 1955 Intestacy and the Surviving Spouse Nancy Coleman Messick Follow this and additional works at: https://scholarship.law.wm.edu/wmrval Part of the Estates and Trusts Commons Repository Citation Nancy Coleman Messick, Intestacy and the Surviving Spouse, 2 Wm. & Mary Rev. Va. L. 94 (1955), https://scholarship.law.wm.edu/wmrval/vol2/iss2/4 Copyright c 1955 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/wmrval Intestacy and the Surviving Spouse Virginia's original statute of descent, enacted in 1785, was drafted by Thomas Jefferson with the advice and criticism of Edmund Pendleton and George Wythe. It abolished the law of primogeniture and made realty descendible in parcenary to the next of kin, as personal property was by the statute of distribu- tion. Along with the abolition of primogeniture another improve- ment over the common law was made by Jefferson when he gave the surviving spouse an interest under intestate succession apart from dower and curtesy.1 To be sure, the surviving spouse did not take until the tenth step, but that was a great improvement over the common law which gave the surviving spouse no fee interest whatsoever. It was not until 19222 that the surviving spouse moved up to the fourth step in the course of descents. This advancement of the surviving spouse may have been prompted by the changing concept of the family as a unit.
    [Show full text]
  • Wyoming's Interpretation of Its 130-Year-Old Intestacy Statute - Matter of Fosler, 13 P.3D 686 (Wyo
    Wyoming Law Review Volume 2 Number 2 Article 11 January 2002 Intestacy Law - The Dual Generation Dilemma - Wyoming's Interpretation of Its 130-Year-Old Intestacy Statute - Matter of Fosler, 13 P.3d 686 (Wyo. 2000) Samuel B. Shumway Follow this and additional works at: https://scholarship.law.uwyo.edu/wlr Recommended Citation Shumway, Samuel B. (2002) "Intestacy Law - The Dual Generation Dilemma - Wyoming's Interpretation of Its 130-Year-Old Intestacy Statute - Matter of Fosler, 13 P.3d 686 (Wyo. 2000)," Wyoming Law Review: Vol. 2 : No. 2 , Article 11. Available at: https://scholarship.law.uwyo.edu/wlr/vol2/iss2/11 This Case Notes is brought to you for free and open access by Law Archive of Wyoming Scholarship. It has been accepted for inclusion in Wyoming Law Review by an authorized editor of Law Archive of Wyoming Scholarship. Shumway: Intestacy Law - The Dual Generation Dilemma - Wyoming's Interpret INTESTACY LAW-The Dual Generation Dilemma- Wyoming's Interpretation of its 130-Year-Old Intestacy Stat- ute. Matter of Fosler, 13 P.3d 686 (Wyo. 2000). INTRODUCTION Wyoming's intestacy statute had been in place, unchanged, for more than 130 years when the Wyoming Supreme Court ruled on its proper interpretation in Matter of Fosler.' On December 23, 1998, Con- stance Louise Fosler died in Casper, Wyoming, having accumulated an estate valued at over nineteen million dollars. 2 Ms. Fosler left no surviv- ing spouse, children, grandchildren or other lineal descendants.3 Even more remarkable, given the size of her estate, was the fact that Ms.
    [Show full text]
  • Transfer on Death Deeds Survey
    Revised February 20, 2021 TRANSFER ON DEATH DEEDS SURVEY by DR. GERRY W. BEYER Governor Preston E. Smith Regents Professor of Law Texas Tech University School of Law Lubbock, Texas A Transfer on Death Deed (TODD) is a non-probate mechanism to transfer real property which takes effect upon the death of the transferor. While TODDs may go by several different terms of art such as “beneficiary deeds” or “Residential Real Property Transfer on Death Instrument,” these instruments have several common features. However, significant jurisdictional differences and intricacies may exist. The main purpose of a TODD is to keep a house or other real property out of probate and provide an immediate and simple transfer to the new owner. For jurisdictions where probate may be expensive and time-consuming, a TODD provides a method to keep property out of probate and save time and expense. These instruments usually have the same basic requirements of a deed with additional requirements such as expressly stating that the transfer does not become effective until the death of the transferor. TODDs must typically meet the normal deed requirements such as the legal description of the land and recordation in the appropriate state offices prior to death. However, a TODD typically does not have any effect on the owner’s current rights until the owner’s death. Additionally, different from an ordinary deed, TODDs are revocable by the owner, or in some jurisdictions, an agent of the owner, prior to death. This provides a flexible instrument contingent on the intent of the owner-grantor. As of February 20, 2021, twenty-nine states, along with the District of Columbia and the U.S.
    [Show full text]
  • The Perils of Interstate Succession in New Mexico and Related Will Problems
    Volume 7 Issue 4 Fall 1967 Fall 1967 The Perils of Interstate Succession in New Mexico and Related Will Problems Denny O. Ingram Jr. Theodore Parnall Recommended Citation Denny O. Ingram Jr. & Theodore Parnall, The Perils of Interstate Succession in New Mexico and Related Will Problems, 7 Nat. Resources J. 555 (1967). Available at: https://digitalrepository.unm.edu/nrj/vol7/iss4/4 This New Mexico Section is brought to you for free and open access by the Law Journals at UNM Digital Repository. It has been accepted for inclusion in Natural Resources Journal by an authorized editor of UNM Digital Repository. For more information, please contact [email protected], [email protected], [email protected]. THE PERILS OF INTESTATE SUCCESSION IN NEW MEXICO AND RELATED WILL PROBLEMS DENNY 0. INGRAM, JR.* AND THEODORE PARNALLt The New Mexico laws of intestate succession pose some critical and puzzling perils for the practitioner, for any person facing intes- tacy, and for any person utilizing will language which incorporates the laws of intestate succession or which must be interpreted by ref- erence to the laws of intestate succession. Herein, the practitioner will be apprised of those perils; and some legislative remedies will be proposed. A detailed and coordinated presentation of the New Mexico law will be avoided, except by chart treatment, in order to concentrate upon the problem areas. Hence, confronting the reader is the consideration of such problems as: The calculation of widows' shares in solvent and insolvent estates as affected by allowances,
    [Show full text]
  • Estate Planning Overview
    10/16/2013 Estate Planning Overview Stacy L. Pettit, Esq. New York State Bar Association CLE, October 2013 INTRODUCTION TO ESTATE PLANNING Reasons for Estate Planning During Lifetime: Management of assets and personal needs, or protection of assets for a spouse or other family member in the event of disability or incompetence. After Death: Management and distribution of estate assets after death, efficiently and while accomplishing the client's goals. What We Will Discuss Today: Planning Considerations - Family, Spousal and Beneficiary Issues, Assets, Tax issues, Long-term Care Planning, Ethics, and the Documents needed to accomplish the goals 1 10/16/2013 Importance of an Estate Plan No Will: Laws of intestacy govern the disposition of assets that are not covered by beneficiary designation or joint ownership. Example: H & W have 3 minor children. H has $700,000 in assets. W has $1,000 in assets. House is owned jointly by H & Wife. H dies. Who gets what? W keeps the house as surviving joint tenant. Wife receives $375,000 ($50,000 plus ½ of $650,000). 3 minor children split the remaining $325,000. Court- appointed Guardian must get Court approval to make payouts, and children get the balance of funds at age 18. What You Need to Know THE FAMILY TREE, and who is an interested party in the estate under the law. THE ASSETS, how they are owned (i.e. jointly, p/o/d, etc.), and the tax consequences (estate and otherwise) of different planning options. CONCERNS OF THE CLIENT, i.e. family members with disabilities or other issues, future disability concerns of the client or spouse.
    [Show full text]
  • Presented By, Gilbert & Cook
    Estate Planning Basics Presented by, Gilbert & Cook PRIVATE WWEALTH MMANAGEMENT Table of Contents Basic Steps in the Estate Planning Process....................................................................................1 Choose the Estate Planning Team.................................................................................................. 3 Key Estate Planning Considerations...............................................................................................5 Federal Estate Tax Tables.............................................................................................................. 10 Avoiding Probate........................................................................................................................... 12 Holding Title...................................................................................................................................14 Transfer on Death.......................................................................................................................... 16 Types of Wills and Trusts............................................................................................................... 18 Various Estate Planning Arrangements (A Summary of Benefits)...............................................20 Revocable Living Trust (Inter-vivos Trusts).................................................................................. 22 Items to Discuss Before Meeting with an Attorney.......................................................................23
    [Show full text]
  • Reforming the Law of Interstate Succession and Elective Shares: New Solutions to Age-Old Problems
    Volume 93 Issue 1 Article 3 September 1990 Reforming the Law of Interstate Succession and Elective Shares: New Solutions to Age-Old Problems John W. Fisher II West Virginia University College of Law, [email protected] Scott A. Curnutte West Virginia University College of Law Follow this and additional works at: https://researchrepository.wvu.edu/wvlr Part of the Estates and Trusts Commons Recommended Citation John W. Fisher II & Scott A. Curnutte, Reforming the Law of Interstate Succession and Elective Shares: New Solutions to Age-Old Problems, 93 W. Va. L. Rev. (1990). Available at: https://researchrepository.wvu.edu/wvlr/vol93/iss1/3 This Article is brought to you for free and open access by the WVU College of Law at The Research Repository @ WVU. It has been accepted for inclusion in West Virginia Law Review by an authorized editor of The Research Repository @ WVU. For more information, please contact [email protected]. Fisher and Curnutte: Reforming the Law of Interstate Succession and Elective Shares: N REFORMING THE LAW OF INTESTATE SUCCESSION AND ELECTIVE SHARES: NEW SOLUTIONS TO AGE-OLD PROBLEMS JOHN W. FISHER, II* SCOTT A. CJRNUTTE** I. INTRODUCTION ........................................................ 62 II. REvIsED UNIFORM PROBATE CODE, PART I .................. 67 A. Section 2-101 Intestate Estate............................ 68 B. Section 2-102 Share of Spouse ........................... 72 1. Empirical Studies ....................................... 72 2. Distribution Under Section 2-102 .................. 76 a. Distribution When Decedent Is Survived By a Spouse or by a Spouse and Children.... 76 b. Distribution When Decedent Is Survived by a Spouse and Parents .......................... 77 C. Section 2-103 Share of Heirs Other than Surviving Spouse ..........................................................
    [Show full text]
  • The New York Law of Interstate Succession Compared with the Uniform Probate Code: Where There's No Will There's a Way, 4 Fordham Urb
    Fordham Urban Law Journal Volume 4 4 Article 1 Number 2 1976 The ewN York Law of Interstate Succession Compared with the Uniform Probate Code: Where There's No Will There's A Way Julian R. Kossow Follow this and additional works at: https://ir.lawnet.fordham.edu/ulj Part of the Estates and Trusts Commons Recommended Citation Julian R. Kossow, The New York Law of Interstate Succession Compared with the Uniform Probate Code: Where There's No Will There's A Way, 4 Fordham Urb. L.J. 233 (1976). Available at: https://ir.lawnet.fordham.edu/ulj/vol4/iss2/1 This Article is brought to you for free and open access by FLASH: The orF dham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Urban Law Journal by an authorized editor of FLASH: The orF dham Law Archive of Scholarship and History. For more information, please contact [email protected]. The ewN York Law of Interstate Succession Compared with the Uniform Probate Code: Where There's No Will There's A Way Cover Page Footnote B.A. University of Pennsylvania; J.S. Georgetown University Law Center. Former clear tot he Honorable Walter M. Bastian, United States Court of Appeals for the District of Columbia Circuit, 1968-69. Mr. Kossow is a member of the firm Stepke, Kossow, Trebon & Stadtmueller, Milwaukee, Wisconsin. The uthora is indebted to Mr. Patrick Moran, student, Georgetown University Law Center, for his assistance with this article. This article is available in Fordham Urban Law Journal: https://ir.lawnet.fordham.edu/ulj/vol4/iss2/1 THE NEW YORK LAW OF INTESTATE SUCCESSION COMPARED WITH THE UNIFORM PROBATE CODE: WHERE THERE'S NO WILL THERE'S A WAY Julian R.
    [Show full text]
  • Lapsing of Testamentary Gifts, Antilapse Statutes, and the Expansion of Uniform Probate Code Antilapse Protection
    William & Mary Law Review Volume 36 (1994-1995) Issue 1 Article 7 October 1994 Lapsing of Testamentary Gifts, Antilapse Statutes, and the Expansion of Uniform Probate Code Antilapse Protection Erich Tucker Kimbrough Follow this and additional works at: https://scholarship.law.wm.edu/wmlr Part of the Law Commons Repository Citation Erich Tucker Kimbrough, Lapsing of Testamentary Gifts, Antilapse Statutes, and the Expansion of Uniform Probate Code Antilapse Protection, 36 Wm. & Mary L. Rev. 269 (1994), https://scholarship.law.wm.edu/wmlr/vol36/iss1/7 Copyright c 1994 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/wmlr LAPSING OF TESTAMENTARY GIFTS, ANTILAPSE STATUTES, AND THE EXPANSION OF UNIFORM PROBATE CODE ANTILAPSE PROTECTION* An implied assumption of the law of wills is that in order for an intended beneficiary to take under a will, that beneficiary must survive the testator.' When a testator makes a devise2 to a devisee who has predeceased the testator, and the testator has not provided for a substitute taker, the devise lapses.3 At com- mon law, a lapsed devise was distributed among the residuary legatees or became intestate property.4 If the residuary devise lapsed or there was no residuary clause, the property would be distributed through intestacy.5 Beginning in the late eighteenth century, legislatures in the United States and in Great Britain began to counter this harsh result by crafting statutes that would protect certain devises from lapsing.5 These statutes, commonly referred to as "antilapse" statutes, provide that when * Professor John E.
    [Show full text]