Common use of WAIVER OF RIGHTS ON DEATH OF OTHER SPOUSE Clause in Contracts

WAIVER OF RIGHTS ON DEATH OF OTHER SPOUSE. Except for any Child Support statements made in Attachment A, each Spouse hereby waives the right to receive any property or rights whatsoever on the death of the other, unless such right is created or affirmed by the other under a will or other written document executed after the effective date of this Agreement. Each Spouse believes that he or she has received a fair and reasonable disclosure of the property and financial obligations of the other Spouse. Except for rights listed in this Agreement, the rights waived include, but are not limited to, rights to any of the following: Property that would pass from the decedent by intestate succession; Property that would pass from the decedent by testamentary disposition; A probate homestead; The setting aside of exempt property; A family allowance; The setting aside of an estate; An election to take property against the decedent’s will; The statutory share of an omitted Spouse; An appointment as executor or administrator of the decedent’s estate, except as the nominee of a third Spouse legally entitled to make such a nomination; Property that would pass from the decedent by non-probate transfer, such as the survivorship interest under a joint tenancy, a Xxxxxx trust account, or a payable-on-death account; and Proceeds as a beneficiary of any type of insurance policy.

Appears in 11 contracts

Samples: Washington Separation Agreement, North Dakota Separation Agreement, Arkansas Separation Agreement

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