Chapter 8 Exempt Property, Family Allowance, Homestead, and Election to Take Against the Will

Index

• Section 8.1 Introduction
• Section 8.2 When There Can Be Exempt Property
• Section 8.3 What Property Is Exempt
• Section 8.4 Characteristics of Exempt Property
• Section 8.5 Must Be Inventoried
• Section 8.6 Personal Representative Not to Take Possession
• Section 8.7 By Whom Made
• Section 8.8 Notice Requirements
• Section 8.9 Time Requirements
• Section 8.10 Definition
• Section 8.11 By Whom Made
• Section 8.12 Notice Requirements
• Section 8.13 Time Requirements
• Section 8.14 Statutory Guides
• Section 8.15 Other Factors
• Section 8.16 Division of Family Allowance
• Section 8.17 Terms of Payment
• Section 8.18 Selection of Personal Property
• Section 8.19 Selection of Real Estate
• Section 8.20 Payment of $6,000 Without Court Order in Independent Administration
• Section 8.21 Administrator ad Litem
• Section 8.22 Amount of Homestead Allowance
• Section 8.23 Those Entitled to Homestead Allowance
• Section 8.24 Characteristics of Homestead Allowance
• Section 8.25 By Whom Made
• Section 8.26 Notice Requirements
• Section 8.27 Time Requirements
• Section 8.28 By Whom Selected
• Section 8.29 Time for Selection for Homestead Allowance of Property in Specie
• Section 8.30 Limitation on Right of Selection in Specie
• Section 8.31 Who Has Standing to Contest
• Section 8.32 Power of Probate Court
• Section 8.33 Jurisdiction of Probate Court and Adversary Proceedings
• Section 8.34 Notice
• Section 8.35 Appealing Orders of Probate Court Regarding Statutory Allowances or Elections
• Section 8.36 Rights Acquired by Election
• Section 8.37 Notice to Surviving Spouse
• Section 8.38 Form and Method of Election
• Section 8.39 Time for Making the Election
• Section 8.40 Who May Make the Election
• Section 8.41 Finality of Election
• Section 8.42 Waiver of Right to Elect
• Section 8.43 Effect of Failure to Elect
• Section 8.44 Effect of Election
• Section 8.45 Augmented Estates
• Section 8.46 Omitted Spouses
• Section 8.47 General
• Section 8.48 Fraudulent Transfers
• Section 8.49 Misconduct of Spouse
• Section 8.50 Antenuptial and Postnuptial Agreements