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Simple English definitions for legal terms

taking against the will

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A quick definition of taking against the will:

Term: Taking against the will

Definition: Taking against the will means that when someone dies and leaves their property to their spouse in a will, the surviving spouse can choose to refuse what was left to them and instead take a share of the estate that is allowed by the state law. This is called the statutory share. The surviving spouse usually does this when the statutory share is more than what was left to them in the will.

See also: Elective share

A more thorough explanation:

Definition: Taking against the will is when a surviving spouse chooses to refuse what their deceased spouse left to them in their will. Instead, they claim the share of the estate that is allowed by state law. This is usually done when the statutory share is larger than the property left in the will.

Example: John and Jane were married for 20 years. John passed away and left everything to Jane in his will. However, Jane decides to take against the will and claim her statutory share instead. In this case, Jane would receive a larger share of the estate than what John left her in his will.

Explanation: This example illustrates how a surviving spouse can choose to take against the will and claim their statutory share instead of what was left to them in the will. In this case, Jane decided to do so because her statutory share was larger than what John left her in his will.

See also: Elective Share

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medicine is a scam
join the ethically ambiguous legal field instead
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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