6-6.2 – Rebuttable Presumptions
§ 6-6.2 Rebuttable presumptions In determining whether this part applies to specific property acquired during a marriage by a spouse of that marriage the following rebuttable presumptions apply: (a) Property acquired while domiciled in a jurisdiction under whose laws property could then be acquired as community property is presumed to have been acquired as or […]
6-6.3 – Disposition Upon Death
§ 6-6.3 Disposition upon death Upon the death of a married person, one-half of the property to which this part applies is the property of the surviving spouse and is not subject to testamentary disposition by the decedent nor to the laws of descent and distribution. One-half of that property is the property of the […]
6-6.4 – Perfection of Title
§ 6-6.4 Perfection of title (a) If the title to any property to which this part applies was held by the decedent at the time of death, title of the surviving spouse may be perfected by an order of the surrogate’s court having jurisdiction over the decedent’s estate or by execution of an instrument by […]
6-5.2 – Power of Appointment Not to Prevent Vesting
§ 6-5.2 Power of appointment not to prevent vesting The existence of an unexecuted power of appointment does not prevent the vesting of a future estate, limited in default of the execution of the power.
6-5.3 – Future Estates in the Alternative
§ 6-5.3 Future estates in the alternative Two or more future estates may be created to take effect in the alternative, so that if the first in order fails to vest, the next in succession is substituted for it and takes effect accordingly.
6-5.4 – Implication of Cross Remainders Between Tenants in Common
§ 6-5.4 Implication of cross remainders between tenants in common When a limitation, if contained in a will, would create a tenancy in common, with implied cross remainders, a like limitation, if contained in a deed, has the same effect.
6-5.5 – Future Estate Valid Though Contingency Improbable
§ 6-5.5 Future estate valid though contingency improbable A future estate, otherwise valid, shall not be void on the ground of the improbability of the contingency on which it is limited to take effect.
6-5.6 – Meaning of Heirs, Distributees and Issue in Certain Remainders
§ 6-5.6 Meaning of heirs, distributees and issue in certain remainders When a remainder is limited to take effect on the death of any person without heirs, heirs of the body, distributees or issue, the word “heirs”, “heirs of the body”, “distributees” or “issue” mean such persons living at the death of the person named […]
6-4.7 – Definition of a Future Estate Indefeasibly Vested
§ 6-4.7 Definition of a future estate indefeasibly vested A future estate indefeasibly vested is an estate created in favor of one or more ascertained persons in being which is certain when created to become an estate in possession whenever and however the preceding estates end and which can in no way be defeated or […]
6-4.8 – Definition of a Future Estate Vested Subject to Open
§ 6-4.8 Definition of a future estate vested subject to open A future estate vested subject to open is an estate created in favor of a class of persons, one or more of whom are ascertained and in being, which is certain when created to become an estate in possession whenever and however the preceding […]