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;
5 Cards in this Set
- Front
- Back
|
To make a decedent's will invalid, is it enough to show that the decedent was mentally incapacitated?
|
No, you must also show that the will is invalid because the provisions are a result of that mental incapacitation. Therefore, one may be insane, but if the will appears sane and no one contests it, then it is valid.
|
|
|
In CA, if a decedent leaves a wife and one issue, what is the division of the estate if the decedent died intestate? What if there is more than one issue and a spouse?
|
1/2 to spouse, 1/2 to issue. If more than one issue, then 1/3 to spouse and rest of issue divides the remaining 2/3.
|
|
|
Can adopted children inherit from natural parents?
|
Not in most states, but some states like Texas, you can inherit from both natural and adopted. Furthermore, you can't expect to inherit from or THROUGH a natural parent by standing in their place as next of kin if one dies intestate. However, natural parents can get around this by draftnig a will.
|
|
|
Does the drafter of a will owe a duty to future beneficiaries?
|
Yes, the breach of which may be a cause of action for damages.
|
|
|
What are the three trends in dealing with killers of decedents?
|
Either take legal title and ownership rights, or take nothing at all (but double punishment for crime?), or take legal title but hold in constructive trust for other beneficiaries...treated as if predeceased the decedent..same punishment as if found to commit fraud on the elderly (abuse) or fraudulently help with disclaimers...such as for a fee, to disinherit for Medicaid qualification purposes.
|
