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Case Citations [1] (April 2023 - August 2023)

handle is hein.ali/retpwodt9953 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE Spring 2023 Citations PROPERTY 3D (WILLS AND OTHER DONATIVE TRANSFERS) DIVISION I. PROBATE TRANSFERS (WILLS AND INTESTACY) CHAPTER 1. DEFINITIONS AND BASIC PRINCIPLES § 1.1 Probate Estate Neb.2022. Cit. in ftn. In probate proceedings for decedent who had owned property jointly with personal representative of decedent's estate, decedent's son from a former marriage objected to, among other things, personal representative's use of estate funds to pay real-estate taxes owed on the property. After a hearing, the trial court determined that the taxes were properly paid from decedent's estate. Affirming that portion of the decision, this court cited Restatement Third of Property: Wills and Other Donative Transfers § 1.1 in holding that personal representative correctly treated decedent's share of the 2016 taxes, which became due after decedent's death in 2017, as a pre-death debt of decedent to be paid by the estate, because the owner of real property on December 31 was liable for the taxes assessed and levied for that calendar year. Svoboda v. Larson, 972 N.W.2d 891, 900. § 1.2 Requirement of Surviving the Decedent Ohio App.2021. Com. (a) quot. in sup., cit. in dictionary quot. in ftn. (general cite). Sister of decedent brought an action for declaratory judgment against, among others, niece and nephew, alleging that defendants were not entitled to inherit lapsed devises made to decedent's pre-deceased brother, because anti-lapse statutes did not apply to those devises. The trial court entered judgment for defendants. This court reversed and remanded, holding, inter alia, that the version of anti-lapse statutes in effect at the time of decedent's death governed his will. In illustrating the legislative history of anti-lapse statutes, the court noted that, the common law as set forth by Restatement Third of Property: Wills and Other Donative Transfers § 1.2, Comment a, could produce harsh results to devisees, because donative transfers could not be made to individuals who failed to survive decedent, and lapsed devises did not become part of predeceased devisee's estate. Diller v. Diller, 182 N.E.3d 370, 378. CHAPTER 5. POST-EXECUTION EVENTS AFFECTING WILLS § 5.5 Antilapse Statutes COPYRIGHT C2023 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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