US Lawyer Database

§ 31-5-104. Collation of Property Settled on Child Under Power or Trust

Where a power or trust is granted to a parent to bestow property conveyed or settled by the instrument creating the power or trust, in favor of any one or more of the children of the parent, any property given under the power or trust to a child shall be collated and brought into contribution […]

§ 31-3-107. Construction of Chapter

This chapter shall be so construed and interpreted as to effectuate its general purpose to make uniform the law in those states which enact it.

§ 31-4-101. Right to Elective Share

The surviving spouse of an intestate decedent who elects against taking an intestate share, or a surviving spouse who elects against a decedent’s will, has a right of election, unless limited by subsection (c), to take an elective-share amount equal to the value of the decedent’s net estate as defined in subsection (b), determined by […]

§ 31-4-102. Proceeding for Elective Share — Time Limit

The surviving spouse may elect to take the spouse’s elective share in decedent’s property by filing in the court and mailing or delivering to the personal representative, if any, a petition for the elective share within nine (9) months after the date of death. When the title of the surviving spouse to property devised or […]

§ 31-4-104. Mental Incompetency or Minority of Surviving Spouse

When the surviving spouse has been adjudged mentally incompetent as described by title 34, Chapters 1 3, or is under the age of eighteen (18) years, at the time the will is admitted to probate, upon a petition filed by a guardian, conservator or next friend of either, within one (1) year from probate, or […]

§ 31-4-105. Death of Surviving Spouse

In the event the surviving spouse dies before the time for electing the elective share expires, the personal representative of the decedent’s surviving spouse may, in like manner and every respect, make the election on behalf of the deceased spouse. In like manner, the personal representative may withdraw a demand for an elective share at […]

§ 31-2-108. Afterborn Heirs

Relatives of the decedent conceived before the decedent’s death but born thereafter inherit as if they had been born in the lifetime of the decedent.