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Simple English definitions for legal terms

augmented estate

Read a random definition: sistership exclusion

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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TGM
18:41
not sure if I should email them to say that, or just hold off on sending it and not give an excuse
18:41
I think I just wouldn’t reach out and if they ask for them then say that
Dkk
18:41
@tgm Yeah sounds good, say that if they ask
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Dkk
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Dkk
18:57
I want to meet an attorney that defends clients who run into flat earth problems. I want an attorney that knows and believes in flat earth theory.
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Dkk
19:18
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Dkk
19:19
I can accept a president with maybe one or two of the poems traits hut good God, all of them??? No ty.
windyMagician
19:20
president who respects sex is crazy
windyMagician
19:20
we had bill clinton already
Dkk
19:21
Bill Clinton, first and last black president
windyMagician
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it doesn't hurt its just tingly
Dkk
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It needs more alcohol. You tingle when your nerves need watering.
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try stretching it maybe to see what's up
windyMagician
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stretches make me think it's just soreness
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19:27
I'm sober lol
Dkk
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Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
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CynicalOops
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You think you just fell out of a coconut tree?
jackfrost11770
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nope dk
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