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FAMILY PROTECTIONState laws haveprovisions to protectsurviving familymembers when aspouse dies. What aresome of the familyprotectiondevices?Protection of ChildrenChildren who can prove that they were mistakenly left out of a parent’swill are protected by the laws of most states. Forgotten childrenwill receive the same share that they would have received if their parenthad died without a will. Children who are intentionally omitted froma parent’s will do not have this protection.Example 2. Edward Morley’s will gave a large sum of money tocharity and provided nothing for his son, Dennis. The will containeda clause stating, “I intentionally omit to provide for myson, Dennis Morley.” Because Edward’s intent was clear, Denniswill receive nothing from his father’s estate.Laid-Off or EarlyRetirementManolo is 55 years old.He has worked for thepast 15 years as a forkliftoperator in a warehouseand hopes towork for several moreyears. However, hiscompany is “downsizing,”and his employertold him that he couldeither take early retirementor be laid off. Bytaking early retirement,Manolo would haveaccess to his retirementfunds and perhaps payhefty taxes on them. Bybeing laid off, Manolo’sretirement would staywith the company, andhe would have verylittle income until hecould find another job,which could be difficultfor a man his age. Inyour opinion, Whatdoes Manolo owe thecompany? What doesthe company oweManolo?Adopted children are treated, in most states, as though they werethe naturally born children of their adoptive parents. They inherit fromtheir adoptive parents rather than from their natural parents.Dying Without a WillA person who dies without a will is said to have died intestate . Thedeceased’s personal property is distributed according to the laws ofintestate succession of the state in which the deceased was domiciled.Chapter 36: Retirement and Wills 783

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