Decedent's Estate (Gifts + Wills)

Question 1

1) Give ____…and you’ll deliver an ____:

Answer 1

AID ACE
A – ACCEPTANCE (usually implied)
I – Donative INTENT
D – Effective DELIVERY

A – ACTUAL
C – CONSTRUCTIVE
E – ESCROW

Question 2

A valid will must be_____

Answer 2

SWEPT:
S – SIGNED by an adult testator
W – In WRITING
E – Signed at the END by the testator 
P – PUBLISHED
T – TWO witnesses (who don’t have to be adults)

Question 3

Decedent’s assets; assets that do not have to pass through the probate court on death are _____

Answer 3

(TIP):
T – TESTAMENTARY substitutes (JAG TIP #6, p2)
I – Life INSURANCE
P – PENSION benefits

Question 4

A will contest can cause an estate’s executor to go on a ____

Answer 4

DIET: 
D – DECEIT (Fraud)
I – Undue INFLUENCE or Fraud
E – Improper EXECUTION (improperly SWEPT)
T – Lack of TESTAMENTARY capacity

Question 5

Absent a contrary statute, a will is valid in any jurisdiction, if it was valid and executed by a ____

Answer 5

SWEDE - P:
S – SIGNED by the testator
W – In WRITING (no nuncupative wills except for military personal), and the will was
properly executed in accordance with the laws of EDE –P

E – The state where it was EXECUTED
D – The testator’s domicile at DEATH
E – The testator’s domicile when he EXECUTED the will
P – The law where the will is offered for PROBATE

Question 6

____ sidesteps an in terrorem (“no contest”) clause:

Answer 6

I FACE SIR
I – An INFANT can always object to a will without violating a no contest clause
F – Litigating to establish the will as a FORGERY, but only if based on probable cause
A – Demanding an ACCOUNTING or questioning the conduct of the fiduciary
C – Petitioning for a CONSTRUCTION of a will provision to determine the testator’s intent
E – Surviving spouse exercising the right of ELECTION
S – Objecting to SUBJECT matter jurisdiction or the court’s jurisdiction over the will
I – A person judicially declared INCOMPETENT can object to the will without violating
the no contest clause
R – Where the will offered for probate was REVOKED by a later will, based on probable
cause

Question 7

______ can alter an existing will:

Answer 7

DAMN CAR LAW
D – DIVORCE
A – AFTER-BORN children
M – MARRIAGE of the testator
N – NO CONTEST CLAUSE breach
C – CY PRES of charitable bequests
A – ADVANCEMENT of a bequest aka a satisfaction
R – RENUNCIATION by a beneficiary
L – LAPSED legacies (but always consider the Anti-Lapse Statute) A – ADEMPTION or abatement
W – WRONGFULLY killing the testator

Question 8

A surviving spouse can increase the right of election with ____

Answer 8

JAG TIP:
J – Post-marriage JOINTLY-HELD bank accounts, stock brokerage accounts, U.S. savings
bonds, or jointly-held personal property, but only to the extent that consideration was
furnished by the decedent
A – Stock ACCOUNTS or DEEDS payable on death.
G – GIFTS causa mortis
T – Revocable lifetime TRUSTS or Totten Trusts
I – INTER VIVOS gifts, even to charity, exceeding $15,000 if made within the one year prior
to the testator’s death (absent written waiver by other spouse) UPC § 2-202
P – General POWER of Appointment

Question 9

A beneficiary who uses ____ is deemed to predecease the testator:

Answer 9

I-DROPS
 I – INTERROREM clause breach
D – DIVORCE or Annulment decrees
R – RENUNCIATION
O – Death within ONE hundred and 20 hours from testator’s death 
P – PREDECEASES testator
S – SLAYS the testator

Question 10

_____ or _____ or to use the anti-lapse statute:

In many jurisdictions,

Answer 10

AL IS or AL SIGH
ANTI-LAPSE applies only to ISSUE or SIBLING of the testator. In some states (UPC § 2-603), it applies to the testator’s SIBLING and ISSUE as well as GRANDPARENTS’ HEIRS, i.e., uncles, aunts and cousins.

Question 11

A judgment of Divorce, or Annulment, impliedly revokes the survivorship interest of the former spouse named in a ____ document: UPC § 2-804

Answer 11

TRIP JAW

1. A TOTTEN trust
2. A REVOCABLE lifetime trust
3. A life INSURANCE policy
4. A PENSION plan (if not inconsistent with federal pension plan law) 5. A JOINTLY held personal proeprty or a joint bank account
5. A power of ATTORNEY
6. A WILL

Question 12

A killer is permitted to acquire property from the victim’s estate if the killing was in ___

Answer 12

SIN:
S – Done in SELF-DEFENSE
I – The killer was INSANE at the time of the homicide
N – The homicide was accidental (NEGLIGENT homicide)

Question 13

____ rights of a surviving spouse are defeated by a _____

Answer 13

DIE…. by a DIVA
D – Wrongful DEATH proceeds from the other spouse’s death
I – INTESTATE share where the deceased spouse had no will
E – Right of ELECTION against the deceased spouse’s will

D – A DIVORCE or ANNULMENT
V – A VOID marriage (bigamous or incestuous)
I – The surviving spouse, had earlier obtained an INVALID DIVORCE decree
outside the state
A – ABANDONMENT by the surviving spouse without the other spouse’s consent, which
continued until the spouse’s death

Question 14

Just executing a will is ____(dull, dreary) without also executing a:

Answer 14

BLAH
B – BURIAL authorization
L – LIVING WILL
A – Durable power of ATTORNEY – in 25 states power of attorney are impliedly durable H – A Health Care PROXY – a/k/a Healthcare Power of Attorney