http://www.pozew.org Money, loans, mortgages, stocks Mon, 29 Mar 2010 10:01:59 +0000 en hourly 1 http://wordpress.org/?v=3.2.1 http://www.pozew.org/general-provisions-applying-to-all-wills/ http://www.pozew.org/general-provisions-applying-to-all-wills/#comments Sun, 12 Jul 2009 17:25:22 +0000 admin http://www.pozew.org/?p=25 General provisions that apply to all types of wills include:
• A spouse may dispose of all his or her separate estate by will, without the consent of the other spouse.
• A will cannot take precedence over:
1. A written antenuptial agreement. An antenuptial agreement is one made up between a man and woman prior to their marriage in which each agrees upon death of the other to take less property or different interest than which the law allows the surviving spouse.
2. A spouse’s elective share. The amount of property a spouse may receive under the laws of succession cannot be reduced by will without approval of the surviving spouse. If by chance this happened, the surviving spouse could elect to receive property under the state laws of succession which would, in effect, invalidate the distribution provisions to him or her under the will.

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