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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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shaquilleoatmeal
10:40
@llama: yea my vitamin k levels were wack, its normal after focusing on it but wouldnt have known otherwise
texaslawhopefully
10:40
I think it’s really easy to be vitamin D deficient, I’m perpetually vitamin D deficient too
shaquilleoatmeal
10:40
@JumpySubsequentDolphin: go buy this rn https://luckyironlife.com/?srsltid=AfmBOopcbDKFQGvh4KZ_nbX2zDqQNiXhVLGMqa27SRB-aW6oIepipKGz
another week without NYU DLS :(
PuppyBot
10:41
i am also vitamin d deficient its really common in more tan people
PuppyBot
10:41
i also have high cholesterol
GreyCeaselessMammoth
10:41
oh that's interesting, is your skin more resistant to the sun??
JumpySubsequentDolphin
10:42
@GreyCeaselessMammoth: there isn’t much sun here ☹️
10:42
shaq is rite, gotta stay on top if this shit.
PuppyBot
10:42
pigmentation reduces vitamin D production in the skin
JumpySubsequentDolphin
10:42
also yeah Arabs are like perpetually vit d deficient. we get those big bulk pill bottles for everyone in my family
GreyCeaselessMammoth
10:43
that's so interesting, i have a lot of arab family but i haven't heard of that
GreyCeaselessMammoth
10:43
i guess it makes sense
JumpySubsequentDolphin
10:43
@shaquilleoatmeal: I still think that would hurt my stomach
lilypadfrog
10:43
@shaquilleoatmeal: quarterly is crazy I haven’t gotten a physical in over three years
PuppyBot
10:43
median vitamin D intakes of American blacks are below recommended intakes in every age group, with or without the inclusion of vitamin D from supplements.
JumpySubsequentDolphin
10:43
@GreyCeaselessMammoth: NO WAY!! from where mammoth
GreyCeaselessMammoth
10:44
egypt! wa usratik mineyn?
indian people are also vitamin d deficient lolol
cumsock
10:44
i want a burgerrrrrrrrrr cheesy burger double patty bacon pickles
10:44
i am vitamin d deficient lol
PuppyBot
10:44
no pickles
JumpySubsequentDolphin
10:45
@GreyCeaselessMammoth: I LOVE EGYPTIAN ARABIC IT KILLS ME
JumpySubsequentDolphin
10:45
im palestinian
shaquilleoatmeal
10:45
@lilypadfrog: lmao, i get vo2 testing done at a lab and they offer it so i just do it. Also wtf havent u gotten a physical in so long?!
GreyCeaselessMammoth
10:45
JUMPYYYY we're neighbors!!
cumsock
10:45
what if ur irish and u are pale enough to reflect light does that mean ur deficient
@GreyCeaselessMammoth: i eat mostly whole foods now on my day to day and its the best
PuppyBot
10:45
maybe. i also burn. so i dont get how im deficient
GreyCeaselessMammoth
10:46
well i'm white but my stepdad is egyptian so i've been there a bunch and raised in a multi-gen egyptian household
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