Cases
This law is not violated when the PR gives consent to letting people access digital assets
The Stored Communications Act
Amount of time that a family can receive the family allowance
One year if the estate is not solvent, longer if it is
The amount of exempt property
30k
These are the two Colorado Requirements to revoke a will
1. Preform a revocatory act on the will (whether or not it actually touched any of the words)
2. Intent to revoke
When you need to set up a QDOT trust
For a foreign spouse.
(Noah's grandfather)
This is why in the Willmington Trust case, Phyllis could not exercise her POA for a charity
The donee of the POA cannot expand the scope of the second generation POA
The bank will copy the will to give to the family, give the original to probate, but will not remove the staples
What is the Safety Deposit Box statute?
The spouse is ranked below devisees in the decedent's will under this condition
This automatically revokes any gifts to a person and any of their relatives
What is divorce?
What is a contract will?
This is a consequence of disclaiming an interest that can cause some harm, but is still fine
Cutting off future beneficiaries
What happens under the security deposit box statute when no one has the key?
The bank can drill into it
Amount of time for creditors to assert claims against an estate
4 months if they are given notice
1 year if they are not given notice
In the Harrison v. Bird case will was revoked even though it was destroyed outside of the testator's presence because of this
They found the envelope without the torn pieces of the will
This prevents family from recovering money from a decedent's ex-spouse even after an insurance benefit has been distributed
What is ERISA?
The challenged instrument in the Sandstead case that did not trigger the in terrorem clause in the Trust
The will itself
This act gives the appointed agent the right to access all of the principal's medical records
The Medical Power of Attorney
Under these circumstances, a nonclaim statute requires notice to be given to creditors
When you go through probate/when there is state action
If a person attempts to revoke a will, but would not have done so if they understood all the consequences, then the attempted revocation is not effective, THIS will is revived
The will that was revoked under this impression (the second will)
This allows you to recover more than what you would have received under the will
What is Tortious Interference with an Expectancy
Cabot Jr. was able to receive the value of the trust instead of the charities listed because of this
Cabot Sr. had exercised his POA for his widow, so there was no default, and Jr. was the only one who could have recieved under the original POA
This statute allows the spouse or dependent children to get some money from the estate before anything else (minus administration and burial costs)
Family Allowance
Best way to close informal probate
Close it formally, so PR isn't on the hook for a year
In the Schumaker case, this is the reason the handwritten cross outs were an effective revocation
The attorney was shown the crossouts before the will was stored with the secretary, who didn't have any interest in the will
If any of these three things are shown, then an omitted spouse will not get their intestate share of the estate
1. The testator was thinking about the marriage when the will was made
2. The will expressly states that it is effective notwithstanding any subsequent marriage
3. The testator provided for the spouse outside of the will