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;
8 Cards in this Set
- Front
- Back
|
When do intestate succession rules apply |
When the decedent left no will, the decedents will is denied probate, or the decedent left a will but the wheel does not make a complete disposition of the estate |
|
|
What’s the definition of abandoned property |
When the owner has voluntarily relinquished all ownership with intent to give up both title and possession |
|
|
What’s the definition of lost property |
Whether a reasonable person would judge that the owner had accidentally and involuntarily parted with possession of the property and does not know where to find it |
|
|
What is the general presumption in Virginia regarding a will that cannot be located at the death of the testator |
The presumption is that the wheel was destroyed by the decedent with intent to revoke however the presumption may be rebutted with clear and convincing evidence of general statements that the decedent made about his testamentary intent |
|
|
If it intestate leaves a spouse but no descendants who inherits the estate |
The spouse |
|
|
If the decedent was survived by descendants all of whom are descendants of the surviving spouse who takes |
The spouse inherits the entire estate |
|
|
If the decedent was survived by descendants at least one of whom was not the surviving spouse’s descendent who inherits |
The spouse inherits 1/3 of the estate and the other 2/3 passes to the decedents descendants |
|
|
If your spouse willfully desserts or abandoned the other spouse and the desertion continues until the deserted spouses death can she still inherit |
No the deserting spouse is disqualified and barred from all statutory rights in the estate including intestate share elective share exempt property family allowance and Homestead |
