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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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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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