Reading...
Play button
Play button
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;
10 Cards in this Set
- Front
- Back
|
Can you disinherit your kid?
|
Common law states do not have forced heirs.
LA is only civil law state. Under Civil law you can’t freely disinherit your kids. Under Common Law, you can disinherit your kids at will even though you have a legal obligation to support them while you are alive. Have to leave property to a surviving spouse. That is the only person you are obligated to leave something to under US common law. |
|
|
How to determine governing law for intestate decedent?
|
Governing law is that where the decedent was domiciled at death.
Domicile is governed by 473.010 and 1-301-2, but is basically where you were a resident. |
|
|
Difference between probate and nonprobate property?
|
Probate Property passes under the decedent’s will or by intestacy.
Nonprobate Property passes under an instrument other than a will. Most property is transferred at death outside of probate and includes the following: Joint Tenancy property, Life Insurance, Contracts with payable-on-death provisions, and Interests in trust. |
|
|
What is in the Probate Estate?
|
Property that the decedent owned and didn’t list where it was supposed to go.
Property that was supposed to go somewhere but no longer can. |
|
|
What are the 3 functions of probate?
|
1. it provides evidence of transfer of title to the new owners by a probated will or decree of intestate succession
2. it protects creditors by requiring payment of debts 3. it distributes the decedent’s property to those intended after the creditors are paid |
|
|
Distinction between heirs, issue, and decedents
|
Heirs are those who get your property whether you die intestate or testate.If they are left out of your will they are more likely to contest the will. See 472.010(14)
Descendants: under you on the tree (sons, grandson, great-grandsons) Issue: is all of your descendants except those who are descendants of a living descendant. |
|
|
Difference in Intestate order between MO and UPC
|
Missouri: goes to immediate family, then parents and siblings in equal parts, then grandparents and aunts and uncles in equal parts.
UPC: go to immediate family, then parents, then siblings, then grandparents, then aunts and uncles. |
|
|
What is a negative disinheritance?
|
Can't explicitly cut out an heir by will. Must affirmatively devise entire to other persons.
|
|
|
T or F?: Under the UPC an adopted child may inherit from 3 parents?
|
T. 2-114(b) provides right to inherit through the other natural parent.
Under RSMo 474.060 adoption has "no effect" and child may only inherit from 2 parents. |
|
|
Describe the 3 generations of holographic wills.
|
First Gen: Everything must be handwritten by testator.
Second Gen: Material provisions and testamentary intent must be in testator's handwriting. Third Gen: Material provisions must be in testator's handwriting, but testamentary intent may come from typed portion. |
