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Simple English definitions for legal terms

lapse statute

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A quick definition of lapse statute:

A lapse statute is a law that helps make sure that a person's wishes for their property are carried out even if the person they wanted to give it to has passed away. In the past, if someone left something to a person who died before them, the gift would be lost. But with a lapse statute, the gift can go to the children or other relatives of the person who passed away, so that the original person's wishes are still respected. Different states have different rules about who can benefit from a lapse statute. However, if the will shows that the person had a different plan for their property, the lapse statute won't apply.

A more thorough explanation:

Definition: A lapse statute, also known as an anti-lapse statute, is a legal rule that prevents a gift in a will or trust from failing or "lapsing" if the intended recipient dies before the person who made the will or trust. Instead of the gift going to the deceased recipient's heirs or to the state, the lapse statute allows the gift to pass to the recipient's descendants, as long as the will or trust does not indicate otherwise.

Example: Let's say that John creates a will that leaves his house to his sister, Mary. However, if Mary dies before John, the will does not specify what should happen to the house. Under common law, the gift would fail, and the house would pass to John's heirs or to the state. However, if the state where John lives has a lapse statute, the gift would pass to Mary's children or other descendants, as long as the will does not indicate otherwise.

Explanation: This example illustrates how a lapse statute can prevent a gift from failing if the intended recipient dies before the person who made the will or trust. Instead of the gift going to the deceased recipient's heirs or to the state, the lapse statute allows the gift to pass to the recipient's descendants, as long as the will or trust does not indicate otherwise.

lapse | larceny

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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.
19:05
i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
Dkk
19:18
Exactly. My version of that awful poem.
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
19:23
I want to go running but my leg feels weird
windyMagician
19:23
it doesn't hurt its just tingly
Dkk
19:26
It needs more alcohol. You tingle when your nerves need watering.
19:27
try stretching it maybe to see what's up
windyMagician
19:27
stretches make me think it's just soreness
windyMagician
19:27
I'm sober lol
Dkk
19:38
Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
20:48
what.jpg @Dkk
CynicalOops
21:03
You think you just fell out of a coconut tree?
jackfrost11770
21:10
nope dk
CynicalOops
22:37
Calvinamala Harris
jackfrost11770
23:16
should i start using letterboxed again
Dkk
23:25
@jackfrost11770: if you want but like it aint for me
dk do u ever eat at bk
Dkk
23:48
@chickenburgahfart: I would do that in the Army if really desperate for food or if I had to work through lunch. One of the few fast food places I go to.
bk so slept on
Dkk
0:23
I will take In N Out everyday over it when I can though.
texaslawhopefully
1:22
In N Out is not only the best fast food place, but the prices too are fantastic
Dkk
1:27
Indeed, indeed.
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