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Simple English definitions for legal terms

augmented estate

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A quick definition of augmented estate:

An augmented estate is the total value of a person's property and assets when their spouse chooses to take an elective share instead of what was left to them in a will. This includes everything the person owned, as well as any gifts or transfers made to others before their death. The purpose of calculating the augmented estate is to ensure that the surviving spouse is not disinherited by nonprobate transfers and to limit their share if they have already received a fair amount of the person's wealth. State laws determine the percentage of the augmented estate that the surviving spouse is entitled to.

A more thorough explanation:

The augmented estate is the total value of a deceased person's assets that is used to calculate the elective share of the surviving spouse. This is different from what the deceased person left in their will. The Uniform Probate Code determines the augmented estate by adding up the following:

  • The decedent's net probate estate (minus funeral and administration expenses, homestead allowance, family allowances, exempt property, and enforceable claims)
  • The decedent's nonprobate transfers to the surviving spouse and others
  • The surviving spouse's property and nonprobate transfers to others

State probate laws set the percentage of the augmented estate that the surviving spouse is entitled to.

For example, let's say John dies and leaves behind a will that gives all his assets to his children. However, John had previously transferred some of his assets to his sister before he died. In this case, the augmented estate would include the assets transferred to his sister, and John's surviving spouse could claim a portion of those assets as part of their elective share.

Another example is if Jane dies and leaves behind a will that gives all her assets to her children. However, Jane had previously given her house to her husband as a gift. In this case, the augmented estate would include the value of the house, and Jane's surviving spouse could claim a portion of that value as part of their elective share.

The augmented estate ensures that the surviving spouse cannot be disinherited through nonprobate transfers and limits their elective share if they have already received a fair share of the deceased person's wealth through inter vivos transfers or at death through nonprobate means.

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16:45
@bigfatsloth: an early welcome to north carolina :3 i will NOT be joining you in the forest unfortunately
NosyBeagle
16:47
lol same but the second in command gives me tasks
NosyBeagle
16:47
none today tho
NosyBeagle
16:47
it's almost 4pm and i play nyt sudoku at 4pm and i am thrilled. this is my life now
globalcitizen
17:22
Waitlists serve as little gestures to aa era on the way out
globalcitizen
17:22
That’s nice
ParallelAgreeableOrangutan
17:34
To what?
Anyone get uva feeler/auto email about waitlist
ParallelAgreeableOrangutan
18:28
I got the email. Based on the language in the email, I'd be surprised if many feelers were going out
I mena, the same is true for all of them lmfao WL =R
ParallelAgreeableOrangutan
18:51
That's demonstrably not true. I've gotten feelers and others in this chat have as well. Not sure why you're asking questions when you clearly aren't interested in the answers
hello
19:22
hey yall
ParallelAgreeableOrangutan
19:25
Hi llama!!
21:15
@ParallelAgreeableOrangutan: How are you!
ParallelAgreeableOrangutan
22:02
tbh kinda losing my mind, I'm visiting my parents in my childhood home and whenever I do this I remember why I never do this aahhaha
ParallelAgreeableOrangutan
22:02
My dog likes it here tho
ParallelAgreeableOrangutan
22:02
How are youuuuu?
22:26
@ParallelAgreeableOrangutan: Deep/tough. Feels. Im well working on a project so im happy :)
22:28
should i hit the dmt pen in the sauna and meet god
ParallelAgreeableOrangutan
22:31
Ooh what kind of project? Work, passion, neither, both?
ParallelAgreeableOrangutan
22:31
@NemoPropheta: do it do it
22:37
alright day before my lsat ill hit a blinker in the sauna and become one with the test
22:47
@ParallelAgreeableOrangutan: law school data so just passion.
22:47
@NemoPropheta: noo they drug test before the LSAT! U will get flagged!
ParallelAgreeableOrangutan
23:19
I'm intrigued llama
ParallelAgreeableOrangutan
23:21
Holdddddup all that number crunching on your lsd profile is your work? Damn
ParallelAgreeableOrangutan
23:21
I don't visit y'all's profiles enough, clearly
NarrowFaithfulCougar
0:22
@NemoPropheta: Ahh yeah, the Sauna. That's some good Nordic shit. Beats the hot tub hands down. Plus everyone is naked.
1:23
@ParallelAgreeableOrangutan: got that weaponized autism in gear, we out here.
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