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Simple English definitions for legal terms

augmented estate

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A quick definition of augmented estate:

An augmented estate is the total value of a person's property and assets when their spouse chooses to take an elective share instead of what was left to them in a will. This includes everything the person owned, as well as any gifts or transfers made to others before their death. The purpose of calculating the augmented estate is to ensure that the surviving spouse is not disinherited by nonprobate transfers and to limit their share if they have already received a fair amount of the person's wealth. State laws determine the percentage of the augmented estate that the surviving spouse is entitled to.

A more thorough explanation:

The augmented estate is the total value of a deceased person's assets that is used to calculate the elective share of the surviving spouse. This is different from what the deceased person left in their will. The Uniform Probate Code determines the augmented estate by adding up the following:

  • The decedent's net probate estate (minus funeral and administration expenses, homestead allowance, family allowances, exempt property, and enforceable claims)
  • The decedent's nonprobate transfers to the surviving spouse and others
  • The surviving spouse's property and nonprobate transfers to others

State probate laws set the percentage of the augmented estate that the surviving spouse is entitled to.

For example, let's say John dies and leaves behind a will that gives all his assets to his children. However, John had previously transferred some of his assets to his sister before he died. In this case, the augmented estate would include the assets transferred to his sister, and John's surviving spouse could claim a portion of those assets as part of their elective share.

Another example is if Jane dies and leaves behind a will that gives all her assets to her children. However, Jane had previously given her house to her husband as a gift. In this case, the augmented estate would include the value of the house, and Jane's surviving spouse could claim a portion of that value as part of their elective share.

The augmented estate ensures that the surviving spouse cannot be disinherited through nonprobate transfers and limits their elective share if they have already received a fair share of the deceased person's wealth through inter vivos transfers or at death through nonprobate means.

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RoaldDahl
16:05
dodged the mich r wave what does this mean
HopefullyInLawSchool
16:06
it means you will not be rejected today and may be accepted or WL in the future
Just got my Michigan rejection
BookwormBroker
16:10
same
RoaldDahl
16:10
@HopefullyInLawSchool: what if i already got rejected. does it mean anything
HopefullyInLawSchool
16:12
@RoaldDahl: Likely not however it could mean nothing
RoaldDahl
16:15
So if it means nothing does that mean something?
HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
19:29
Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
19:50
when did u guys apply that just heard from umich? they havent even glanced at my app yet
0:30
how am i supposed to spy on people when profile links are broken?
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