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30 Cards in this Set
- Front
- Back
Wills: When does a spouse not take all of the community property?
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When the decedent spouse has children not of the surviving spouse. They will take the decedent's one-half interest.
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Wills: Where does SP go when the decedent is survived by spouse and descendants?
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SP personal: 1/3 to spouse, 2/3 to descendants.
SP real: LE in 1/3 to spouse, FS in 2/3 to descendants + remainder in 1/3. |
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Wills: Where does SP go when the decedent has no surviving descendants but spouse survives?
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SP personal: All to spouse.
SP Real: 1/2 to spouse, 1/2 to parents or descendants of parents. |
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Wills: Where does SP go when no spouse or descendents survive the descendant?
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1/2 to each parent. If only one surviving parent, other half to descendants of parents. All if no parents survive. Still none? Go up a level.
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Wills: If no heirs are found, where does the property go?
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The state.
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Wills: When can a parent not inherit?
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1. Abandoned and failed to support the child.
2. Knowingly abandoned & failed to support child's mother during pregnancy. 3. Criminally responsible for death or serious injury of a child. |
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Wills: What is the one limitation on adoptive rights?
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A person adopted as an adult may not inherit from their parents, and vice versa.
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Wills: What is the inheritance rule for half bloods?
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Inherit only half as much as relatives of the whole blood (applies to descendents of parents, etc.)
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Wills: What is the 120 hour rule?
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To inherit, one must survive the decedent by 120 hours. (If cannot be proven, presumed didn't make it.)
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Wills: IF testator (w/o will) makes a gift to a child, when is it treated as an advancement against the child's intestate share?
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Only if declares such in a contemporaneous writing by the donor or acknowledged in writing by the donee-heir.
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Wills: What are the basic requirements to execute a will?
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MUST BE 18 OR
MARRIED OR IN THE ARMED FORCES! |
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Wills: What are the three formal requirements for an attested will?
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1. Signed by the testator
2. Two Witnesses 3. Witnesses must do so in the presence of the testator. |
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Wills: What is the only thing required to prove wills in probate?
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Testimony of one attesting witness.
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Wills: What is a self-proved will?
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One admitted to probate on the basis of an affidavit.
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Wills: When does a beneficiary who is also an attesting witness NOT lose his legacy?
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1. If the will can be proved by the testimony of a disinterested attesting witness, OR
2. Testimony of interested witness is corroborated by a disinterested person. |
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Wills: What are the requirements for a holographic will?
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Must be in the testator's handwriting and signed by him.
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Wills: What is a holographic will?
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A handwritten and unwitnessed will.
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Wills: What are the four categories of nonprobate assets, which cannot be disposed of by will?
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1. Property passing by K
2. Property passing by right of survivorship. 3. Property held in trust. 4. Bonds, mortgages, etc, which provide they are to be paid or transferred on death to a designated person. |
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Wills: If a will is revoked by operation of law through DIVORCE, what result?
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All provisions in favor of former spouse and her relatives revoked.
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Wills: If a will is revoked by operation of law through the birth or adoption of children, what result?
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Will revoked to extent necessary to make up share for pretermitted spouse.
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Wills: If a will is expressly revoked in a subsequent instrument, what result?
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The will is revoked to the extent stated in subsequent instrument.
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Wills: If a second will is made that does not expressly revoke the first, what result?
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The first will will be revoked to extent that there are inconsistent provisions.
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Wills: With INTENT, If a holographic will is physically destroyed or a material portion is canceled, what result?
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Revocation effective as intended.
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Wills: If a attested will is physically destroyed with intent to revoke, what effect?
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Only revoked if ENTIRE will is destroyed.
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Wills: If a will is physically destroyed by accident, what result?
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No revocation.
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Wills: What are the requirements for integration?
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Must be shown that the pages in question were present at the time the will was executed and were intended to comprise the will.
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Wills: What are the requirements for incorporation by reference?
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1. The extrinsic writing was in existence at the time.
2. Extrinsic writing is clearly identifiable. |
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Wills: What is the order of abatement?
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1. Intestate property.
2. Residuary legacies 3. General legacies (including demonstrative legacies) 4. Specific legacies. |
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Wills: What are the grounds for contesting a will?
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1. Will not properly executed.
2. Lack of capacity. 3. Undue influence 4. Fraud 5. Mistake 6. Testator did not know contents of will. |
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Wills: What must be proven to establish undue influence?
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The existence of an influence that overpowers the mind and will of the testator and results in a will that would not have been executed "but for" the influence.
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