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Simple English definitions for legal terms
antilapse statute
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A quick definition of antilapse statute:
An antilapse statute is a law that helps make sure that if someone leaves something to a family member in their will, and that family member dies before them, the gift doesn't just disappear. Instead, the law allows the gift to go to the family member's children or other close relatives. This law doesn't apply to people who aren't related to the person who made the will. Different states have different rules about which family members are covered by the law.
A more thorough explanation:
An antilapse statute is a law that prevents a gift or bequest from being cancelled or "lapsed" if the intended beneficiary dies before the person who made the gift or bequest. These laws are in place in every state and apply to certain family members of the deceased beneficiary.
For example, let's say that John leaves $5,000 to his sister, Mary. If Mary dies before John, the gift would normally lapse and the money would go to John's estate. However, if the state has an antilapse statute that covers siblings, Mary's children would receive the $5,000 instead of it going to John's estate.
It's important to note that antilapse statutes only apply to certain family members, such as children, grandchildren, siblings, and parents. They do not apply to non-relatives or to family members beyond a certain degree of relation.
For instance, if John had left the $5,000 to his friend, Tom, and Tom died before John, the gift would still lapse and the money would go to John's estate. Additionally, some states have more restrictive antilapse statutes that only apply to certain family members, such as siblings or children, while others have broader statutes that cover any blood or adopted relative.
anticipatory warrant | Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA)