Lapse and Anti-lapse Statutes Interactions

 

 

 

 

 

 

In Bernard’s will he devised his sailboat to his brother, Charles; $25,000 from his bank account at a Charleston bank to his sister, Annie; and the residuary of his estate to his cousin, Lawrence. Annie and Charles predecease Bernard. They had no other lineal descendents. In addition, Bernard’s will made no provision for lapsed gifts. The sailboat and the $25,000 pass pursuant to the intestacy statutes.
True
False
Logan’s will makes the following bequests: Rolex watch to his son, Roland; home in Montgomery, AL to his sister, Cassandra; vintage car to his stepson, Mitch; $35,000 in his bank account at a Dallas bank to his stepdaughter, Emily; RV camper to his sister, Genie; $1,000 in Wal-mart stock to his niece, Virginia (Genie’s daughter); and his home in Dallas, TX and the residue of his estate to his girlfriend, Angela. Angela and Logan had two children together, Lloyd and Logan, Jr. Cassandra predeceased Logan, leaving a son and a daughter. Also, Genie predeceased Logan, leaving Virginia and a granddaughter, Amanda. At Logan’s death, in a jurisdiction that has a narrow anti-lapse statute, who is entitled to his home in Montgomery, AL?

Choice 1 The home becomes part of the residuary and passes to Angela.
Choice 2 The home passes pursuant to the intestacy statutes.
Choice 3 The home passes to Cassandra’s son and daughter.
Logan’s will makes the following bequests: Rolex watch to his son, Roland; home in Montgomery, AL to his sister, Cassandra; vintage car to his stepson, Mitch; $35,000 in his bank account at a Dallas bank to his stepdaughter, Emily; RV camper to his sister, Genie; $1,000 in Wal-mart stock to his niece, Virginia (Genie’s daughter); and his home in Dallas, TX and the residue of his estate to his girlfriend, Angela. Angela and Logan had two children together, Lloyd and Logan, Jr. Mitch predeceased Logan, leaving a daughter, Ruth. Also, Genie predeceased Logan, leaving Virginia and a granddaughter, Amanda. At Logan’s death, in a jurisdiction that has a broad anti-lapse statute, who is entitled to the vintage car?
Choice 1 The vintage car passes to Mitch’s daughter, Ruth.
Choice 2 The vintage car becomes part of the residuary and passes to Angela.
Choice 3 The vintage car passes pursuant to the intestacy statutes.
Logan’s will makes the following bequests: Rolex watch to his son, Roland; home in Montgomery, AL to his sister, Cassandra; vintage car to his stepson, Mitch; $35,000 in his bank account at a Dallas bank to his stepdaughter, Emily; RV camper to his sister, Genie; $1,000 in Wal-mart stock to his niece, Virginia (Genie’s daughter); and his home in Dallas, TX and the residue of his estate to his girlfriend, Angela. Angela and Logan had two children together, Lloyd and Logan, Jr. Genie predeceased Logan, leaving Virginia and a granddaughter, Amanda. At Logan’s death, in a jurisdiction that has a broad anti-lapse statute, who is entitled to the RV camper?
Choice 1 The RV camper becomes part of the residuary and passes to Angela.
Choice 2 The RV camper passes pursuant to the intestacy statutes.
Choice 3 The RV camper passes to Genie’s daughter, Virginia.

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