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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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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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