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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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MIAMI A
[] AromaticTroubledDormouse
20:55
How does one know if they are UR1 or UR2?
[] AromaticTroubledDormouse
20:56
CONGRATS MACAQUE!
TY
got a random stanford email and almost had a heart attack
ALSO CONGRATS!
Congrats1!
21:15
Miami A, yall I'm so excited I could cry.
21:15
Feel like I can finally stop holding my breath!! Whew!!!
[] baddestbunny
22:16
every time I get accosted by a strange man who follows me around because my male coworkers were too busy talking to walk me back to my car I get closer to saying we need to bring back traditional gender roles
Dkk
22:32
Nice! @Macaque
Dkk
22:32
@Aromatic, Have to guess.
Dkk
22:33
That sucks @Bunny do you have to go to the hospital?
[] baddestbunny
22:40
I said accosted not assaulted
23:35
guys. my notre dame address just went long is this good or bad
1a2b3c4d26z
23:37
Oooooo me too
23:37
omg is this good or bad
Dkk
23:47
Idk if gender roles are gunna fix that then.
23:49
it looks like most people who applied in october last cycle didn't get a decision until january... does it even mean anything that our addresses went long??
hows ED 2 compared to ED 1?
Dkk
0:10
No idea
windyMagician
0:34
reporting live to say my ndls address also went long
does it mean anything ^
Dkk
2:21
NDLS and Fordham took a very long time last year. It's good info for people to know.
[] baddestbunny
4:29
let’s get after it boys and girls
Dkk
5:21
I gtg to bed soon.
Dkk
5:22
Big day today. Gunna be a crazy one. I will sleep through the first half.
good morning lsd it is 5 am EST
also jazzy my ndls address went long ages ago i sadly do not think it means anything
my stanford address also went long LOL i think at most it's an indicator it's under review
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