III. Other Provisions Applicable to Both Testate and Intestate Estates

Question 1

Simultaneous Death

Answer 1

When priority of death matters and there is insufficient evidence, property of each passes as though that person survived.

GA does not have a 120-hour rule.

Will: A’s will seen as if they survived B. B’s will seen to survive A

Inestacy: A is assumed to outlive B; B outlived A

Life Insurance: A assumed to outlive B

Could have a survivorship clause (e.g. must survive me by 30 days)

Question 2

Public Policy Restrictions on Inheritence

Answer 2

When someone kills another feloniously or intentionally, does not take from victim’s estate. Treated as if predeceased

In absence of conviction, clear and convincing evidence

murder, felony murder, voluntary manslaughter

killer’s decendents will receive the assets thats were to go to killer

Question 3

Renunciation

Answer 3

Heir or beneficiariy may disclaim, in whole or part, an interest as long as it is

1. accomplished before acceptance of property
2. accomplished in writing;
3. and is filed with the court or the personal rep within 9 months of the decedent’s death

If it were to go to A and then to A’s heirs, and A disclaims, then it can go directly to A’s heirs once disclaimed and need not be held until A dies

Question 4

Will Contracts & Other Contracts Concerning Succcession

Answer 4

Any contract to make a will, not to revoke or to die inestate made on or after 1/1/98 must be in writing signed by the party against whom the actions is being taken

Question 5

Joint & Mutual Wills

Answer 5

Two testators may make on joint will or two mutual wills with reciprocal provisions.

Will not be seen as something that the survivor cannot revoke unless based on a written express contrct signed by the party whom the action is brought against