• Shuffle
    Toggle On
    Toggle Off
  • Alphabetize
    Toggle On
    Toggle Off
  • Front First
    Toggle On
    Toggle Off
  • Both Sides
    Toggle On
    Toggle Off
  • Read
    Toggle On
    Toggle Off
Reading...
Front

Card Range To Study

through

image

Play button

image

Play button

image

Progress

1/30

Click to flip

Use LEFT and RIGHT arrow keys to navigate between flashcards;

Use UP and DOWN arrow keys to flip the card;

H to show hint;

A reads text to speech;

30 Cards in this Set

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