Description

Specific Rules:

  1. Unless specifically stated, assume all people named are alive and kicking.
  2. Assume for all relevant time periods that Pennsylvania employs the Common-Law Rule Against Perpetuities, and uses the strike-back rule (the one we talked about).
  3. Assume for all relevant time periods that a spouse is entitled to an intestate share of 1/3 of the estate if all children of the decedent are also of the spouse; a ½ share if not all of the children of the decedent are also of the spouse; and a 100% share if there are no children of the decedent. Also assume that the spousal election to take against the will is equivalent to the intestate share to which the spouse would be entitled if there was no will, but that such election must be made in writing within one year of death.
  4. Unless specifically stated otherwise, assume all wills are probated properly and timely in the appropriate courts and that they have not been challenged in any way.
  5. Assume that Pennsylvania has adopted the Duhig rule.
  6. Assume all questions take place today unless specifically stated otherwise.
  7. Assume that Pennsylvania adopted the Guaranteed Minimum Royalty Act in 1979.

Prompt is attached