Estate Law

Question 1

Intestate

Answer 1

Without a will, passes to heirs

Question 2

Per Capita

Answer 2

equally to each individual [all property to pass to the descendants per capita] used of a method of distributing an esp. intestate estate

Question 3

Per Stirpes

Answer 3

Per stirpes distribution provides for division of an estate equally among the members of the group of descendants having a particular degree of kinship (as children), with the issue (that is, the offspring) of a deceased member of that group representing the deceased member, taking the deceased member’s share, and dividing it equally among themselves. For example, if a decedent had three children, one of whom had already died leaving issue, the estate would be divided into thirds, with each living child receiving a one-third share, and the issue of the deceased child dividing a one-third share equally amongst themselves.

Question 4

Escheat

Answer 4

The way unclaimed property is returned to the state. Heirs have two? years to appear.

Question 5

Testate

Answer 5

With a will - passes to beneficiaries/devisees/legacies

Question 6

Bequest

Answer 6

Disposition of property

Question 7

Devise

Answer 7

Real property

Question 8

Legacy

Answer 8

Cash money

Question 9

GA Will Requirements

Answer 9

Writer must be at least 14 years old, written, signed, witnessed by 2 disinterested people (each page inititialed by everyone); convicted criminals may make a will.

No crossing out, no alterations; must be notarized. Void provisions may not doom the Will, if it can stand on its own without such clause.

Question 10

Bizarre Will Things

Answer 10

• Capacity, sign at the end of the document and actually witness the signing.
• Can leave money to dog or cat’s caretaker, with a judge constructing intent.

Question 11

Hologrophaic Wills

Answer 11

Handwritten by testator, no witnesses - not valid in GA; if executed and witnessed right, can be valid in GA

Question 12

Nuncupative Will

Answer 12

Done orally because under extreme circumstances - not recognized in GA

Question 13

Disinheriting Relatives

Answer 13

Forced share of spouse and minor children (minor’s rights are cut off if married, or turns 18 prior to filing peitition)

Question 14

Future Marriage

Answer 14

if no provision in the will addressing the effect of a new marriage, then the marriage of person writing will shall serve to revoke a will

Question 15

Child Birth

Answer 15

within 10 months of testator’s death

Question 16

Minors

Answer 16

wise to direct a guardian for the child in will

Question 17

Codicil

Answer 17

Addition to existing will; shouldn’t contradict will. Inconsistent codicil is revoked.

Question 18

Revocation

Answer 18

can revoke will without writing a new will by destroying all copies

Question 19

Provision in new will

Answer 19

If this will is invalid go back to prior will (to prevent instestacy)

Question 20

Probate Court

Answer 20

when testator dies with a will (court will rule on validity of will)

Question 21

Probate Jurisdiction

Answer 21

county in which you are domiciled; with person in a nursing home, it’s the county of last immediate domicile. If testator isn’t GA resident, can be probate in county where assets are located

Question 22

Executor/executrix

Answer 22

Named in will to “probate” the will; if appointment declined, the court will appoint a personal representative (county administrator)

Question 23

Administrator/administratrix

Answer 23

Person died intestate

Question 24

Notice to Creditors

Answer 24

Allows creditors to make a case against the state. After 4th notice in newspapers, creditors have 3 months to make their claim

Question 25

Letter’s Testamentary

Answer 25

Grants executor proof of authority to handle the estate

Question 26

Lost will

Answer 26

a presumption to revoke, which can be overcome by a preponderance of the evidence

Question 27

Will contests

Answer 27

Must be made of free will; can’t be a mistake, undue influence/duress, or fraud.

Question 28

Living Will

Answer 28

durable power of attorney (remains in effect even after principal becomes incompetent)

Question 29

Things that pass outside of estate

Answer 29

IRA, pension, life insurance, inheritance