Intro and Definitions Flashcards
Evidence of Death
(1) authenticated death certificate
(2) copy of an official government report - person missing or declared presumed dead
(3) - if neither of the above – Person is missing from their domicile for FIVE continuous years AND there are no explanations for this disappearance with a reasonable inquiry –
Caveat
Any interested person who is apprehensive about the estate may file caveat with the court
When does someone file a caveat?
if an heir, it can be filed before or after death
if creditor, only filed after death
What if caveator is out-of-state?
Must designate someone residing in county unless represented by FL Atty
What is a beneficiary?
heir at law in intestate estate
devisee at law in testate estate
When does a beneficiary lose its status?
When heir/devisee has received its interest in the estate
Collateral heir
heir who is related but who isn’t descendant/ancestor -
it’s a horizontal heir - same line on family tree
(think sibling for this)
Descendant
a person down the generational line - children, grandchildren
(vertical down the family tree line)
aka - lineal descendant and issue
Devise
testatmentory disposition of real/personal property
dispose of real/personal property
devisee
person designated in will/trust to receive devise -
trustee would be devisee if will pours over into trust
“Interested Person”
ANY PERSON who might REASONABLY be expected to be affected by the outcome of a particular proceeding
includes -
* personal representative of estate when it
- affects beneficiary
- affects expenses of administration and obligations of estate
* trustee in trust if pourover
DOES NOT INCLUDE -
* beneficiary who’s already received share
* people/heirs who will take under will/trust (bc they have rep/trustee)
Personal Representative
FL term for executor
* fiduciary appointed by the court to administer estate
* often designated in will
Probate of Will
all steps necessary to esstablish validity of will and to adminster a will
Protect Homestead
- property described in Homestead Constitutional Provision
- for purposes of probate code, real property owned in tenancy of the entirety or joint tenancy w/right of survivorship - NOT PROTECTED HOMESTEAD
* WHY? because the property passes AUTOMATICALLY - spouse takes it fee simple absolute
“Residuary Devise”
Residual Clause - assets of estate that remain after all devises satisfied (residue/remainder)
No Residuary devise? remainder passes intestate
Trust
means express trust - private and charitable
includes construct trusts, resulting trusts
* creatures of court to make sure property goes to rightful owner - equitable
Will
testamentary instrument including codicil
* includes
* instrument that merely appoints personal reprepresentative or guardian
* document that revokes will
* includes electronic will
