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Exploring At-Death Property Distribution Concepts Beyond the Will

This information delves into the concept of Facts of Independent Significance (FOIS) and whether we can consider factors outside the will to determine property distribution. It defines FOIS with examples like safe deposit box contents, notes in desk drawers, and more. Discover how FOIS plays a crucial role in resolving ambiguities and identifying non-probate transfers.

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Exploring At-Death Property Distribution Concepts Beyond the Will

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  1. Facts of Independent Significance

  2. Basic Idea • Can we look outside the four corners of the will to ascertain at-death property distribution? • Yes – if FOIS. • No – if not FOIS.

  3. Defined • Something which has a legal purpose independent of disposing of property at death.

  4. Examples • 1. Welch – p. 226

  5. Examples • 2. Safe deposit box contents – n. 3, p. 230

  6. Examples • 3. Note in desk drawer – n. 4, p. 230

  7. Examples • 4. Identity of class gift members

  8. Examples • 5. Evidence to resolve ambiguities

  9. Examples • 6. Non-probate transfers

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