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Hilmann v. Maretta, 569 U.S. 483 (2013), was a United States Supreme Court decision in which the court unanimously ruled that a Virginia statute revoking beneficiary status for spouses whose marital status has changed was pre-empted by the Federal Employees’ Group Life Insurance Act (1954).
The modern view is that where a beneficiary was intended to inherit part of the residuary estate who predeceases the testator, and that beneficiary is not covered by the anti-lapse statute, then that beneficiary's inheritance will return to the residuary estate, to be inherited by the other beneficiaries to whom the residue has been willed.
In Virginia, they ensure privacy and avoid probate delays and the probate tax. But trusts cost $1,000 or more in legal fees. You will still need a pour-over will naming the trust as beneficiary.
In the United States, most jurisdictions have enacted a slayer statute, [8] which codifies the rule and supplies additional conditions. Such laws have sometimes been construed narrowly because the relevant statutes are criminal in nature, and serve to take away someone's rights that are otherwise afforded by law. Interpreted this way, a slayer ...
Executor vs. Beneficiary Rights Executors and beneficiaries play different roles in the probate process and as such, they have different rights and responsibilities.
The Uniform Simultaneous Death Act is a uniform act enacted in some U.S. states to alleviate the problem of simultaneous death in determining inheritance.. The Act specifies that, if two or more people die within 120 hours of one another, and no will or other document provides for this situation explicitly, each is considered to have predeceased the others.
Title page to the Code of 1819, formally titled The Revised Code of the Laws of Virginia. The Code of Virginia is the statutory law of the U.S. state of Virginia and consists of the codified legislation of the Virginia General Assembly. The 1950 Code of Virginia is the revision currently in force.
Virginia (also extends inheritance rights to relatives of a predeceased spouse) Until 2013, Texas had no laughing heir statute, instead allowing estates to pass to the nearest lineal ancestors or descendants "without end". [2] Texas passed such a law (HB 2912) in 2013, and thereafter following the Uniform Probate Code.