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17 Cards in this Set

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  • Back

Intestate AKA tile by descent or intestate succession

with out testament or will; state law directs how the deceased assists shell be distributed.

conveyance after death


testate

dies with valid testament or will

testatrix

person who names the person who will be receiving the real and personal property is the will feminine

testatrix

person who names the person who will be receiving the real and personal property is the will masculine

devise

person who makes the will being willed

bequest or legacy

personal property

devisee

person who recipient of the will being willed

legatee

recipient of personal property

executor(masculine or executrix( feminine)

carry out the instructions in a will

Probate or Surrogate Court

after death the deceased will must be filled with the court having power to admin or certify wills, this court is called what?

a special warranty deed is a what. in this deed ownership is transferred

executor's deed has one conveyance the executor cannot encumbered( an impediment to a clear title) the property

heo do you protect the deceased interest?

the will must be written document prepared in most case by an attorney. depending on the state it will need to be signed 2-4 times

holographic Will

entirely hand written with no typed or preprinted words. date and signed by the testator BUT not whiteness. NOT valid in Alabama

why is a holographic Will not valid in Alabama

because Alabama state law requires that every will be witnessed by at least 2 witnesses

when can a oral will or nuncupative be used?

very near to death and must promptly be put in writing. this will can only be used on personal property.

codicil

written supplement or amendment to previously existing will.

how must a codicil be used

to add new instruction must be dated and signed and witnessed in the same manner as the original will ( law does not recognize cross-outs or notations )