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21 Cards in this Set
- Front
- Back
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What is an "heirship" proceeding?
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PC 11700
proceeding to determine distribution of assets of a probate estate. |
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what are examples of purposes of 11700 proceedings?
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identity of ambiguously named beneficiary
determine identity of heirs determine succession rights of omitted spouses right of heirs of predeceased spouses |
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what are examples of procedures not property under 11700?
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establish or challenge validity of will
establish fact of death determine heirship for purposes other than succession to determine whether action would violate a no-contest clause effectuate distribution |
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who may file an 11700 petition
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PR or beneficiaries (include intestate heirs)
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When can a 11700 petition be filed?
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anytime after letters are issued and before a final distribution
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how many days notice are required for an 11700 hearing
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11701 - 15 days
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what is the response to an 11700 petition called?
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statement of interest in estate?
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who may file a statement of interest in estate?
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anyone with an interest in property of estate (including creditors)
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what is the effect of failure to file a statement of interest?
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bound by the court's result.
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Generally, is there a right to a jury trial in probate court?
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no
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in what section of the PC are basic construction and interpretations instructions for wills?
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21101
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what is ademption?
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when property specifically mentioned in the will is not part of the estate at death.
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what is ademption by satisfaction?
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when the property is treated as having been given to the beneficiary (satisfaction of devise) -- only if the will deducts the lifetime gift or testator or devisee deduct the gift in writing.
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Oral testimony is not admissible to prove contents of a will except when ____
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proponent doesn't have will or copy and original lost/destroyed without fraudulent intent;
writing can not be obtained without great cost of time; not relevent |
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what is an exception to the general rule that heirs of spouses/domestic partners don't take under intestacy?
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if decedent is not survived by spouse/partner, but had a predeceased spouse/partner, the predeceased spouse/partner's heirs can have a real property interest (within 15 years) or personal propety (death within 5 years)
PC 6402 |
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what is an omitted spouse or child?
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when the will, executed before marriage/domestic partnership, or before children - doesn't provide for spouse/partner/children.
PC 21610, 21620. |
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How does an omitted spouse or child claim their rights
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A 17200 petititon
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What is a putative spouse?
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Spouse that believed they were married under CA law (but weren't) and belief was reasonable.
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what is the effect of divorce, legal separation, annulment on share of estate?
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even if they were in the will, absent contrary intent, they take nothing.
must be LEGAL separation. |
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adoption severs the natural parent-child relationship UNLESS
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1) The natural parent and the adopted person lived together at any time as parent and child, and (2) the adoption was by the spouse of either of the natural parents or after the death of either of the natural parents
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How can children raised by foster/step parents take through intestate succession?
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relationship began during minority and continued into adulthood AND would have adopted but for legal formality
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