Case Study 5. The surviving spouse's share.

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Sarah and Joe have three children. Joe worries that his wife, Sarah, seemed too eager to honor his father's living will last year when his father had a heart attack. The more he thinks about it, the angrier he becomes. Will she be just as eager to honor his living will if she stands to inherit from him? He decides that he doesn't want her in inherit anything from him or his family at his death, and that everything should go to their children.

1. Assume that Joe and Sarah own their home as tenants by the entirety. If Joe's will leaves the home to their three children, and he dies before Sarah, the children will inherit the home.
True
False

2. If Joe and Sarah own everything with a right of survivorship, Joe is wasting his time writing a will.
True
False

Assume Joe's father, Grandpa Dan, has passed away, and Joe has inherited his fortune outright. Joe's estate is now worth about $5 million.

3. If Joe dies before he can write his will, Sarah will inherit:
A. All of Joe's property.
B. One half of Joe's property.
C. One third of Joe's property.
D. One fourth of Joe's property.

4. Joe can disinherit Sarah by leaving her $1 under his will.
True
False

5. The following options can be successful in disinheriting a spouse:
A. Writing the spouse out of the will.
B. Prenuptial agreement
C. Post-nuptial agreement
D. Failure of surviving spouse to claim elective share within time allowed.
E. All of the above
F. All of the above, except for A.

6. Assume that Sarah convinces Joe of her undying love and devotion. Under his will, Joe can leave Sarah:
A. All of his property
B. One half of Joe's property.
C. One third of Joe's property.
D. One fourth of Joe's property.

7. If Sarah inherits the maximum amount of property allowed by law under Joe's will, how much will be exempted from federal estate tax at Joe's death, if he dies in the year 2003? (Joe's gross estate is valued at $5 million.)
A. $700,000
B. $1 million
C. $5 million
D. None of the above.

8. If Sarah inherits the maximum amount of property allowed by law under Joe's will, she can skip most of the probate process in North Carolina.
True
False

9. Assume that Sarah inherits the maximum amount of property allowed by law under Joe's will, and by the year 2008, the value of her estate is $10 million. Also assume that Sarah is seriously injured in a car accident in January of 2008. She is diagnosed as being in a persistent vegetative state and could be kept alive by feeding tubes for years. Her living will states that she does not want to be kept alive by extraordinary means or by feeding tubes if she is diagnosed in this condition. In spite of the huge medical costs, her children will have financial motivation to keep her alive for several years.
True
False

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Prepared by Carol A. Schwab, J.D., LL.M., Professor and Extension Specialist,
NC State University.

This publication is provided as a public service and is designed to acquaint you with certain legal issues and concerns. It is not designed as a substitute for legal advice, nor does it tell you everything you may need to know about this subject. Future changes in the law cannot be predicted, and statements in this publication are based solely on the laws in force on the date of publication.

Date: October 2001