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Simple English definitions for legal terms

nonlapse statute

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A quick definition of nonlapse statute:

A nonlapse statute, also known as an antilapse statute, is a law that helps prevent a gift from being lost if the person who was supposed to receive it dies before the person who was giving it. This law allows the gift to go to the person's children or other descendants instead. For example, if a grandparent leaves money to their grandchild in their will, but the grandchild dies before the grandparent, the money would go to the grandchild's children instead of being lost. Most states have some version of this law, but in places without it, the gift would go back to the person's estate and be divided among their other family members.

A more thorough explanation:

A nonlapse statute, also known as an antilapse statute or lapse statute, is a law that outlines what happens to a gift in a will if the intended recipient dies before the person who made the will. The purpose of the statute is to prevent the gift from "lapsing" or reverting back to the estate of the person who made the will.

For example, let's say that John makes a will leaving his house to his sister, Mary. However, if Mary dies before John, the nonlapse statute would come into play. Depending on the specific law in John's state, the gift may pass to Mary's children or other descendants instead of reverting back to John's estate.

In California, the nonlapse statute is found in Probate Code § 21110. This law states that if a person named in a will dies before the person who made the will, their descendants can take their place as the intended recipient of the gift. However, there are some exceptions to this rule, such as if the will specifically states that the gift should not pass to the deceased person's descendants.

Most states have some version of a nonlapse statute to ensure that gifts in wills are distributed according to the wishes of the person who made the will, even if the intended recipient is no longer alive.

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shaquilleoatmeal
15:56
yo, what should i pick up for dinner?? Cava or Sweetgreen
glovediedthisishismom
15:56
sweetgreen
glovediedthisishismom
15:56
i wish i had one close to me
babycat
15:56
shaq how did your date with Uber girl go?
soyalmondoatmilk
15:57
OMG I LOVE SWEETGREEN
shaquilleoatmeal
15:57
lmaooo oh man i gotta find a way to make a long story short - sg it is ! What do you guys usually get? I'm tired of my same old same old
soyalmondoatmilk
15:57
i love the harvest bowl
soyalmondoatmilk
15:57
their salmon is good too
shaquilleoatmeal
15:58
@babycat: you gonna be on later tonight? i gotta get home, shower, and then I can hop back on and give you the break down lmao
shaquilleoatmeal
15:58
i dont know how much i trust salmon from quick take out spots so i've never tried it there. Harvest bowl is OG and always good for when you need a quick decision
soyalmondoatmilk
15:59
that's so fair. i love their roasted sweet potatoes and spicy cashew dressing--highly recommend
babycat
16:00
@shaquilleoatmeal: I’ll stop by just for you. I gotta grind out some of my last essays tn.
shaquilleoatmeal
16:02
@soyalmondoatmilk: im weak af, can't handle that spicy cashew lmao
shaquilleoatmeal
16:03
@babycat: 😘 see you in a bit, grind out those essays before you hop back on
shaquilleoatmeal
16:04
appreciate the non wink since you didn't appreciate it them then lol
babycat
16:06
I'll do it for you ;)
16:06
Tough to justify attending a law school where the admissions office does epic resistance political commentary at the info session
BulbasaurNoLikeCardio
16:07
making me feel jealous here wow, I am about to go taste test a bunch of deserts for our baby shower this weekend.
BulbasaurNoLikeCardio
16:07
@milktoast: what school got political at an info session?
shaquilleoatmeal
16:11
nothin to be jealous about, i've been trying to slide into babycats dms but shes got a long line I guess I gotta wait in to see if I can get in lmao
babycat
16:11
omg if you get into ASU they give you travel expense reimbursement to go there for a visit. does anyone know which other schools do this? I'd love to get a comped vacation
shaquilleoatmeal
16:12
think BU gives you $300 or somethin
ClassyPleasantHeron
16:12
Where is ASU getting this kind of $$$ from? They waive CAS fees too.
babycat
16:13
@shaquilleoatmeal: yeah but then you have to go to Boston :(
shaquilleoatmeal
16:14
uva too
shaquilleoatmeal
16:14
whats wrong w boston ;(
GOT PROMOTED YAY how do i tell law schools abt this?
like do i type up and separate doc and send as an attachment? how much do i write?
shaquilleoatmeal
16:15
@jackfrost11770: LFGGGG
TYYYYYY
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