take against the other party\'s estate last will and testament

Polish translation: odrzucić spadek jako spadkobierca testamentowy

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
English term or phrase:take against the other party\'s estate last will and testament
Polish translation:odrzucić spadek jako spadkobierca testamentowy
Entered by: Frank Szmulowicz, Ph. D.

20:53 Feb 23, 2019
English to Polish translations [PRO]
Law/Patents - Law (general)
English term or phrase: take against the other party\'s estate last will and testament
MARITAL AGREEMENT

Each party releases and relinquishes any and all claim and rights that he or she may have had, may now have, or may hereafter acquire (a) to share in any capacity or to any extent whatsoever in the estate of the other party upon the latter's death, whether by way of statutory allowance, or distribution in intestacy, or election to take against the other party's estate last will and testament.
Darius Saczuk
United States
Local time: 16:09
odrzucić spadek jako spadkobierca testamentowy
Explanation:
Zbieg dziedziczenia ustawowego i testamentowego
Co istotne, spadkobierca powołany do spadku zarówno z mocy testamentu, jak i z mocy ustawy może spadek odrzucić jako spadkobierca testamentowy, a przyjąć spadek jako spadkobierca ustawowy. Nie jest natomiast dopuszczalne przyjęcie spadku na podstawie testamentu, a odrzucenie dziedziczenia po tej samej osobie z mocy ustawy.
http://kuznicki-pasieka.pl/spadki-przyjecie-i-odrzucenie/
https://www.google.com/search?biw=1707&bih=865&ei=dYpyXI2UDs...

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No matter what disposition is made by the will of the deceased spouse, the
relict is given the unrestricted right either to abide by the testamentary
provisions or to reject them
and take the share given by law.
https://scholarlycommons.law.case.edu/cgi/viewcontent.cgi?ar...
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Selected response from:

Frank Szmulowicz, Ph. D.
United States
Local time: 16:09
Grading comment
Thank you, Frank.
4 KudoZ points were awarded for this answer



Summary of answers provided
2odrzucić spadek jako spadkobierca testamentowy
Frank Szmulowicz, Ph. D.
1podważać treść ostatniej woli i testamentu współmałżonka
geopiet
Summary of reference entries provided
Election to Take Against the Will
Frank Szmulowicz, Ph. D.

Discussion entries: 2





  

Answers


2 hrs   confidence: Answerer confidence 1/5Answerer confidence 1/5
podważać treść ostatniej woli i testamentu współmałżonka


Explanation:
. ?

geopiet
Native speaker of: Native in PolishPolish
PRO pts in category: 748
Login to enter a peer comment (or grade)

15 hrs   confidence: Answerer confidence 2/5Answerer confidence 2/5
odrzucić spadek jako spadkobierca testamentowy


Explanation:
Zbieg dziedziczenia ustawowego i testamentowego
Co istotne, spadkobierca powołany do spadku zarówno z mocy testamentu, jak i z mocy ustawy może spadek odrzucić jako spadkobierca testamentowy, a przyjąć spadek jako spadkobierca ustawowy. Nie jest natomiast dopuszczalne przyjęcie spadku na podstawie testamentu, a odrzucenie dziedziczenia po tej samej osobie z mocy ustawy.
http://kuznicki-pasieka.pl/spadki-przyjecie-i-odrzucenie/
https://www.google.com/search?biw=1707&bih=865&ei=dYpyXI2UDs...

ccccccccc
No matter what disposition is made by the will of the deceased spouse, the
relict is given the unrestricted right either to abide by the testamentary
provisions or to reject them
and take the share given by law.
https://scholarlycommons.law.case.edu/cgi/viewcontent.cgi?ar...
cccccccccccccccccccccccccccccccccccc

Frank Szmulowicz, Ph. D.
United States
Local time: 16:09
Works in field
Native speaker of: Native in EnglishEnglish, Native in PolishPolish
PRO pts in category: 2091
Grading comment
Thank you, Frank.
Login to enter a peer comment (or grade)




Reference comments


2 hrs peer agreement (net): +1
Reference: Election to Take Against the Will

Reference information:
b) Election to Take Against the Will
In Ohio at the present time it is axiomatic that neither spouse can be
precluded from sharing in property of the other, real or personal, in which
the latter, upon death, possessed an inheritable or distributable estate. No
matter what disposition is made by the will of the deceased spouse, the
relict is given the unrestricted right either to abide by the testamentary
provisions or to reject them and take the share given by law. This is
guaranteed by Ohio General Code Section 10504-55, which provides that:
the probate court shall issue a citaton to the surviving spouse
to elect whether to take under the will or under the statute of descent
and distribution

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Note added at 2 hrs (2019-02-23 23:06:06 GMT)
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Election Against the Will
If a will does not give a surviving spouse a prescribed share of the testator's estate, many States permit the surviving spouse to take against the will to make up the difference. If the surviving spouse makes this election, he (she) will get a larger share of the estate. At the same time, the election may increase the marital deduction, thereby reducing the estate tax. Again, as with a disclaimer, the shift of property interests will not result in a gift being made by the surviving spouse.
https://timbertax.org/publications/fs/EstatePlanningforFores...

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Note added at 2 hrs (2019-02-23 23:20:40 GMT)
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When a married individual dies testate as to any part of the individual's estate, the surviving spouse is entitled to take against the will under the limitations and conditions stated in this chapter.  The surviving spouse, upon electing to take against the will, is entitled to one-half ( 1/2 ) of the net personal and real estate of the testator.  However, if the surviving spouse is a second or other subsequent spouse who did not at any time have children by the decedent and the decedent left surviving a child or children or the descendants of a child or children by a previous spouse, the surviving second or subsequent childless spouse shall upon such election take one-third ( 1/3 ) of the net personal estate of the testator plus an amount equal to twenty-five percent (25%) of the remainder of:

(1) the fair market value as of the date of death of the real property of the testator;  minus

(2) the value of the liens and encumbrances on the real property of the testator.

In determining the net estate of a deceased spouse for the purpose of computing the amount due the surviving spouse electing to take against the will, the court shall consider only such property as would have passed under the laws of descent and distribution.

(b) When the value of the property given the surviving spouse under the will is less than the amount the surviving spouse would receive by electing to take against the will, the surviving spouse may elect to retain any or all specific bequests or devises given to the surviving spouse in the will at their fair market value as of the time of the decedent's death and receive the balance due in cash or property.

(c) Except as provided in subsection (b), in electing to take against the will, the surviving spouse is deemed to renounce all rights and interest of every kind and character in the personal and real property of the deceased spouse, and to accept the elected award in lieu thereof.

(d) When a surviving spouse elects to take against the will, the surviving spouse shall be deemed to take by descent, as a modified share, the part of the net estate as does not come to the surviving spouse by the terms of the will.  Where by virtue of an election pursuant to this chapter it is determined that the surviving spouse has renounced the surviving spouse's rights in any devise, either in trust or otherwise, the will shall be construed with respect to the property so devised to the surviving spouse as if the surviving spouse had predeceased the testator.

https://codes.findlaw.com/in/title-29-probate/in-code-sect-2...


    https://scholarlycommons.law.case.edu/cgi/viewcontent.cgi?article=3236&context=caselrev
Frank Szmulowicz, Ph. D.
United States
Works in field
Native speaker of: Native in EnglishEnglish, Native in PolishPolish
PRO pts in category: 2091

Peer comments on this reference comment (and responses from the reference poster)
agree  Eliza Hall: Yes. The original text describes three different ways that a person can inherit property (intestacy, election etc.), and it says that the undersigned is relinquishing the right to inherit by any of those ways.
15 hrs
  -> Thank you, Ms. Eliza Hall, Esq. We need more legal eagles around here.
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