Wills Ii, Guardianship And Estate Administration

Front 1

Exoneration of Liens on devised property

Date of Change

Back 1

Property devised in wills executed AFTER 9/1/2005 is not paid off from existing liens from the residuary of estate

Front 2

Incorporation by Reference to exisitng document.
TEST
Holographic wills?

Back 2

Will incorporates a preexisitng document if:
1. doc in existence at time of will execution; 2. will shows INTENT to incorporate, and 3. Document is CLEARLY identified in will

Front 3

Acts of INdependent Significance

Back 3

lifetime act with lifetime purpose or motive that also affects distrbituation

Front 4

Latent Ambiguities in wills

Extrinsic Evidence

Back 4

when language of will reveals ambiguity when applied to facts.

Extrinsic permitted

Front 5

Patent Ambiguities in wills

Extrinsic Evidence

Back 5

Where the ambiguity is reveled merely by reading will.

Extrinsic evidence permitted to resolve

Front 6

Contracts relating to wills

TEST

Back 6

established ONLY if:
1. provisions in the will state that a contract does exist and stating the material provisions of K
OR 2, there is a binding and enforcealbe written agreement.
Joint/reciprocal will insufficient evidence.

Front 7

Vioaltion of contractual will (EX: to not make another will)
What happens?

Back 7

Will admitted to probate and constructive trust imposed.

Front 8

typical non probate assets

Back 8

propperty passing by right of survivorship
passing by contract (insurance)
property held in trust
property under a power of appointment

Front 9

Negative Bequest

Back 9

all words in will are gvien effect. even if there is partial intestacy, the statement to disinherit someone may carry over to an intestate disposition of property.

Front 10

Powers of Appointment

Back 10

Permits a life Beneficiary (life tenant) to designate the remaindermen

Front 11

General Testamentary Power of Appointment

Back 11

perimts the holder to appoint the peropty to anyone, herself, her creditors or her estate or others

Front 12

Special Power of Appoinment

Back 12

permits the holder ot appoint from the limited class of persons described in the power of appointment

Front 13

Guardian of hte Person
Rights
Duties

Back 13

right to take charge of ward
Duty to provide care, supervision, protection of ward, duty to provide clothing food medical care, and shelter;
Power to consentt o medical psych treatment

Front 14

Guardian of Estate

Back 14

right and duty to mange ward's property, enforce ward's obligations and bring/defend suits by/against ward

Front 15

Parental rights to deal with child's property

Back 15

PArent must be appointed Guardian of Estate to manage child's proeprty
NOTE: pay into Court registry if value is <$100k. Need ct approval for later withdrwaal but still cheaper than guardianship

Front 16

Surviving Paretnal choice of guardian

Back 16

can be named in will, or must be executed in written doc as a will is requrieed to be, in writing, signed, witnessed by 2 >14 yo.

Front 17

Bond REquuirements for guardians

Back 17

BOND for guardian of PERSON Can be waived by designation
BOND for Guardian of Estate CANNOT be waived.

Front 18

Venue for guardianship proceeding

Back 18

Minor: county where parents reside. Incapciated: where proposed ward resides, OR county where principal estate located.
If named in will, in county where will probated.

Front 19

Stnading to bring Guardianship proceeding

Back 19

Any interested person can bring a guardianship proceeding

Front 20

Who eligible to be appointed Guardian of MINOR

Back 20

Parents, surviving parent, granparent, next of kin in nearest degree of relationship

Front 21

Who eligible to be apointed guardian in Incapcitated Adutl proceeding

Back 21

person named by last surviving parent in will or owhter written declaration
person named in written witnessed Declaration of Guardian before need arises
Spouse, next of kin in nearest degree of kinship

Front 22

General TEST of who should be appointed guardian

Back 22

Best interest of WARD.

NOTE: no co-guardians, unless H/W or parents of incapcitated child but unmarried

Front 23

Who is disqualified to serve as Guardian

Back 23

incapcitated; conflict of interest; inexperienced/lack of education; disqualified in diesgnation before need arises; convicted of sex offense