(Ch. 6) Dower, Curtesy, Wills And Descent Flashcards
- When a person dies without a will, he is said to have died:
(A) testate.
(B) intestate.
(C) in escheat.
(D) without heirs
B
Property goes to legal heirs of person who died
- In probating an estate, which of the following is the last to receive payments, if any?
(A) Second mortgagee
(B) Creditors.
(C) Heirs.
(D) Government for taxes
C
Heirs receive nothing until all estate debts have been paid. Remember, the decedent’s contracts are still binding on his estate (not necessarily his relatives).
- A will takes effect:
(A) upon signing.
(B) upon recording.
(C) upon delivery
(D) upon death of testator.
D
It takes effect upon the testator’s death.
- Which of the following would NOT be a party to a will?
(A) Testator.
(B) Administrator.
(C) Executor.
(D) Devisee.
B
Administrator is appointed by probate court in the case of intestacy.
- An executrix is appointed by the:
(A) probate court.
(B) heirs of the deceased
(C) deceased’s attorney
(D) testator.
D
Executrix is female “executor.”
- When a person dies testate, h real property:
(A) escheats and is sold at auction by the state. (B) passes by descent.
(C) passes by devise.
(D) goes to his administrator.
C
Don’t confuse devise with emise (to lease).
- The word “escheat” refers to:
(A) the feudal custom of the kings seizure of land
(B) the right of the government to take private property for a public purpose upon payment. (C) the acquisition of title by adverse possession.
(D) the right of the state to acquire title where the owner dies without a will and without heirs.
D
Note that in addition to no will there are also no heirs.
- Title to the owner’s real estate can be transferred at the death of the owner by which one of the following?
(A) Warranty deed
(B) Quitclaim deed.
(C) Trustee’s deed.
(D) Last will and testament.
D
A, B and C could be used while the owner is alive.
- A wife’s marital right in her husband’s pre-1980 estate upon his death is best described as:
(A) right of descendency
(B) curtesy.
(C) right of possession.
(D) dower.
D
Inchoate means not yet perfected
- In 1990 John bought a house in his own name, and when he married Mary the following year, she moved into the house The marital rights affecting this residence include:
(A) right of possession.
(B) dower rights.
(C) curtesy rights.
(D) the right to partition.
A
Right of possession only applies to the matrimonial residence.
- The word “devise” is used in connection with which of the following?
(A) Lease
(B) Will.
(C) Purchase and sale agreement.
(D) Option.
B
Devise is a gift of realty or personalty by will
- A sale of property is considered transfer of title by:
(A) descent.
(B) will
(C) voluntary alienation.
(D) involuntary alienation.
C
Condemnation and adverse possession are examples of involuntary alienation
- Which of the following statements is true?
(A) There must be children from the marriage in order for a husband to claim his curtesy rights.
(B) A testator is appointed by the decedent in his last will and testament.
(C) Descent refers to goodly or personable.
(D) A holographic will is valid in New Jersey.
D
A testator is a person who makes a will.
- Which of the following statements is true?
(A) A married woman’s dower rights may be terminated by her husband’s execution of a deed
(B) A demise is a gift of realty by will
(C) Intestate refers to the crossing of state lines
(D) A wife cannot convey her inchoate dower interest to another.
D
A demise is transfer of an estate by lease.
- A minor could legally act in the capacity of a
(A) vendee.
(B) vendor.
(C) grantee.
(D) grantor
C
A minor lacks capacity to be a vendor, vendee or grantor.
