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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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MIAMI A
[] AromaticTroubledDormouse
20:55
How does one know if they are UR1 or UR2?
[] AromaticTroubledDormouse
20:56
CONGRATS MACAQUE!
TY
got a random stanford email and almost had a heart attack
ALSO CONGRATS!
Congrats1!
21:15
Miami A, yall I'm so excited I could cry.
21:15
Feel like I can finally stop holding my breath!! Whew!!!
[] baddestbunny
22:16
every time I get accosted by a strange man who follows me around because my male coworkers were too busy talking to walk me back to my car I get closer to saying we need to bring back traditional gender roles
Dkk
22:32
Nice! @Macaque
Dkk
22:32
@Aromatic, Have to guess.
Dkk
22:33
That sucks @Bunny do you have to go to the hospital?
[] baddestbunny
22:40
I said accosted not assaulted
23:35
guys. my notre dame address just went long is this good or bad
1a2b3c4d26z
23:37
Oooooo me too
23:37
omg is this good or bad
Dkk
23:47
Idk if gender roles are gunna fix that then.
23:49
it looks like most people who applied in october last cycle didn't get a decision until january... does it even mean anything that our addresses went long??
hows ED 2 compared to ED 1?
Dkk
0:10
No idea
windyMagician
0:34
reporting live to say my ndls address also went long
does it mean anything ^
Dkk
2:21
NDLS and Fordham took a very long time last year. It's good info for people to know.
[] baddestbunny
4:29
let’s get after it boys and girls
Dkk
5:21
I gtg to bed soon.
Dkk
5:22
Big day today. Gunna be a crazy one. I will sleep through the first half.
good morning lsd it is 5 am EST
also jazzy my ndls address went long ages ago i sadly do not think it means anything
my stanford address also went long LOL i think at most it's an indicator it's under review
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