Wills Ny/upc

Front 1

When Intestate Succession Occurs

Back 1

1. Dies w/o will

2. Will is denied probate

3. Will does not dispose of all his property

Front 2

Intestate Surviving Spouse-Descendents also Survive

Back 2

UPC- surviving spouse takes entire estate if D is survived by issue all of whom are issue of survivng spouse and surviving spouse has no other survivng desecendant

Front 3

Intestate Surviving Spouse- No other Descendents

Back 3

Spouse takes entire estate only if decedent is not survived by descendants or parents.

Front 4

Intestate SHare of Children and Other Descendants

Back 4

Majority- Take shares per capita with representation

UPC-initial division of shares at the first generational level were there are living takers. SHares of deceased combined and divided equally among takers at next generational level.

Front 5

Shares of Other Heirs (Hierarchy)

Back 5

1. Parents or surviving spouse

2. Brother and Sisters and their issue

3. One-half to paternal grandparents and one half to maternal grandparents.

4. One half nearest kin on maternal side and one one half nearest kin paternal side

5. Statet

Front 6

Adopted Kids

Back 6

Treated as same as natural kids for adopted parents. No inheretance either way for adpoted kids and natural parent unless natural parent marries or kid is adopted by close relative.

Front 7

Stepkids/FosterKids

Back 7

No inheretance unless adopted by steparent or foster parents. Adoption by estoppel- they can if legal custody is gained by unfuffiled agreement to adopt.

Front 8

Posthumos Kids

Back 8

Cannot claim heir of another unless alive at person's death. Except gestation of child at T's death.

Front 9

Nonmartial Kids

Back 9

Always inherits from mom. INhereits from dad if (1) father married the mom after child's birth (2) man was adjuticated to be the father in paternity suit; (3)after his death and during probabte proceedings man is proved by CCE to be dad

Front 10

SImo Death Rule

Back 10

UPC- beneficiary does not inherit if he dies within 120 hour of T.

Front 11

Disclaimers

Back 11

Must be in writing

Filed within 9 months of T's death of B's 21 birthday

Cant happen if accepted any property or benefits

Used to defeat creditors

Front 12

Disclaimers Kids/INcompetents

Back 12

Can be made if court detemrines it is in their best interest.

Front 13

D's death causes by B

Back 13

Slayer statute- cuts off all recovery passes as though D died before B.

Front 14

Advancement of Intestate Share

Back 14

1. Declared in contemporenous writing

2. Ackonweldged as such in writing by heir

Not binding on advancee;s successors unless reuquired by writing

Front 15

Advancement of Intestate Share Division

Back 15

Value is added back in for purposes of calculating shares than subtracted from their share

Front 16

Satisfaction of LEgacies

Back 16

Gift may be satisfied by intervivos transfer from T to B. Usually must state in will, contempt wriitng, or devisee acknowledges as gift and satisfcation. NOT NEEDED in writing if epcfically described property to B.

Front 17

Execution of a Will

Back 17

1. Signed by T

2. Two attesting witnesses

3. Witnesses witness or acknolwedge singature

4. Witnesses sign in T's prescence.

UPC- will if attested by two competent witnesses or signed by notary

Front 18

Presence Tests

Back 18

1. Scope of Vision

2. General awareness

Front 19

Attestation Clause

Back 19

P/F reciting elements of execution.

Front 20

Integration

Back 20

Physical attachment, internal coherence of pages, othe rparts intended to be part of will can be proven by testimony and extrinsic evidence.

Front 21

Incorproation by Reference

Back 21

1. In existence at time of execution

2. Sufficently Described

3. MAnifests intent

UPC- Existence exception if list specifiyng items of tangible property right to alter list after execution

Front 22

Acts of Independent Significance

Back 22

Will can dispose of property by reference to acts and events event though they occur in future

Front 23

Nonprobabte assests

Back 23

Cannot get ride of in will. Life insurance, death benefits, property passed by survivor ship, property held in trust.

Front 24

Revocation of Will/Marriage

Back 24

No effect on existing will. UPC she takes intestate share as omitted spouse unless new provision added, omossion was intentional, or will made in contemplation of marrigae. Divorce revokes all spouses rights.

Front 25

Petermitted CHildren

Back 25

T fails to include any kid born after execution, Kid takes intestate share usuing abademnt rules.

Front 26

Revocation by Phyiscal Act

Back 26

Concurrent with intent

Front 27

Lost or Destroyed Will

Back 27

Existence proven:

1. valid exception

2. cause of onoproduction

3. COntents of will- usually testimony of two witnesses

Front 28

Dependent Relative Revocation

Back 28

WHen T revokes under mistaken beleife that another dispotiion of property would be effective. If fails old willbe in force if matches T's intent.

Front 29

LApsed Gifts and ANti-Lapse Statutes

Back 29

Gotta be a relative of within tree of grandparents, to get gift still.

Front 30

Ademption

Back 30

Applies to specific devises and bequests.

However UPC allows B to take replacement property for SD.

Front 31

Accretions

Back 31

Income on property goes to general estate if increase happened beofre T's death.

Goes to B if it is specific gift.

Front 32

Elective Spouse Share

Back 32

1. 1/3 net probabte if D survived by issue and 1/2 if not.

2. Calculated from net estate,

3. File notice of election

4. Elective share paid first

Front 33

Will Contests

Back 33

1. Defective Execution

2. Revocation

3. lack of testmentary capcity

4. lack of T intent

5. Undue influence

6. fraud

7. Mistake

Front 34

T Capacity

Back 34

1. Gotta be 18 at time of execution

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Front 35

T Mental Capacity

Back 35

Must understand

1. Nature of the Act

2. nature and extent of her property

3. who are natural objects of her bounty

4.

Front 36

Undue Influence

Back 36

1. Inlfuence was exerted

2. effect of inflfuence was to overpower mind and free will of T

3. T's actions wouldn't have happened but for UI

Rememebr confidential relationship

Front 37

Fraud

Back 37

T willfully decived

1. Character or content of will

2. extrinsic facts would induce will or disposition

3. facts material to disposition.

Front 38

Creditors claims order

Back 38

1. admin expenses

2. funeral and last illness

3. family allowance

4. debts given preference under fed law

5. secured claims

6. judgements entered againt T in lfietime

7. other

Front 39

Abatement ORder

Back 39

1. Property by intestacy

2. residary estate

3. general legacy

4. specific

Front 40

Abatement Demonstrative legaicies

Back 40

Fund suffiencty- specific leg

Not sufficent- general leg

Front 41

Rules of COnstruction ORder

Back 41

1. Favor those take instestate

2. Favor contruction avoids intestacy

3. Favor construction with precisved plan of disposition.

4. Every portion of will given effect if possible

5. Later in inconsistent clauses better

Front 42

Will SUbs

Back 42

Life Insurance

Totten Trusts

Joint or Survivor Acounts

Payable on Death designation

Deeds

COntracts

Front 43

Stock SD

Back 43

Stocks include additional shares produced by the stock split and stock dividend.