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do wills supercede state law in terms of order of succession

do wills supercede state law in terms of order of succession

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Answer #1

A Will is a document that defines how and in what proportion the Assets of the deceased will be distributed among the Beneficiaries, Family Members, etc.

State Laws provide for rules that govern the management and distribution of a Person's Estate after death.

Prima facie, a will is binding on the Beneficiaries and supercedes the state laws. However there are exceptions to this General Rule.

1. Some state laws provide for minimum inheritance between the beneficiaries or family members. In such case will does not supercede the State Laws.

2. Some state laws provide for elective share rules for your estate i.e., the one-third or one-half portion of the estate shall belong to your spouse. Here also, State Laws supercede the Will.

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