Jd Wills

Question 1

Intestate

Answer 1

Decedent who died without will or whose will is invalid

Question 2

Intestate succession

Answer 2

Courts use these laws to determine how an intestate decedents property should be distributed

Question 3

If decedents spouse and parents don’t survive the testator - two schemes to divide:

Answer 3

Per capita at each generation and per capita with representation

Question 4

Per capita at each generation

Answer 4

Those in the same generation always inherit the same amount.

To decide how the property should be divided, find the first generation where there are living children.

Then, give one share to each living child and one share for each in that generation who predeceased the decedent but left surviving children of their own.

Then, combine all shares of the deceased person and divide them equally at the next generational level.

Question 5

Per capita with representation (modern per stripes)

Answer 5

Heirs receive the representative shares of their parents.

Begins the same as per capita, but instead of combining the shares of the deceased to distribute evenly, the children of the deceased take the exact share that their deceased parents should have had

Question 6

Question 7

Question 8

Validity of a will

Answer 8

Must be in writing signed by the testator and witnessed by two witnesses

Question 9

Age requirement for testator

Answer 9

Must be 18 years old and have intent that document serve as his will

Question 10

Holographic will

Answer 10

Unwitnessed wills and are recognized by about half the states.

Question 11

Holographic will validity

Answer 11

Valid if signed and the material portions are in the testators handwriting

Question 12

States that follow UPC, may save invalid will if

Answer 12

There is clear and convincing evidence that decedent intended for the document to be their will

Question 13

Revocation of a will by physical act

Answer 13

Can occur by execution of a new will or by some other physical act, such as cancellation or other writings on the document

Question 14

Act of revocation must be done with …

Answer 14

Intent to revoke the will

Question 15

Who may revoke will

Answer 15

Testator or someone acting at the testators direction and in his conscious presence

Question 16

Dependent relative revocation doctrine

Answer 16

A first will is not revoked if a later will is found invalid

Question 17

If a testator revoked a will or bequest based on mistaken assumptions of law or fact, …

Answer 17

The revocation of the will is ineffective if it appears that the testator would not have revoked had he had accurate information

Question 18

Revocation due to divorce

Answer 18

Divorce bars a former spouse from taking the give made under a will that was executed prior to the divorce.

There must actually be a final divorce, not just the filling for divorce

Question 19

Divorce revocation

Answer 19

Generally a former spouse cannot take under a will executed prior to divorce

Question 20

Slayer statutes

Answer 20

An individual who feloniously and intentionally kills the decedent or who is convicted of committing abuse, neglect, or exploitation with respect to the decedent forfeits all benefits with respect to the decedents estate

Question 21

Voluntary manslaughter

Answer 21

Counts as felonious and intentional killing, while involuntary manslaughter does not

Question 22

Mee tip: slayer statutes

Answer 22

Most states have codified the rule into statutes that are referred to as slayer statutes. If you see this concept tested on a decedents estates question, pay close attention to whether the killing was actually felonious and intentional

Typically on the MEE, the slayer statute will not bar the gift because the killing does not meet the requisite standard.

Question 23

Anti lapse statutes

Answer 23

Beneficiary does not survive the testator, the gift to the beneficiary will “lapse” or fail and go to the residual y estate.

BUT ALL states have anti lapse statutes.

If a beneficiary dies before the testator and was related to the testator by blood and had issue who survived the testator, the gift to the beneficiary is saved from lapsing because the beneficiary’s issue will take the gift in lieu of the deceased beneficiary.

Question 24

Ademption

Answer 24

Failure of a gift

Question 25

Codicil

Answer 25

A supplement to a will that modified, adds, explains, or revokes a will

Question 26

Descendant or issue

Answer 26

All lineal descendants - children/ grand children

Question 27

Divise or legacy

Answer 27

Gift left by will

Question 28

Disclaim

Answer 28

Reject a gift, usually for tax purposes

Question 29

Heirs

Answer 29

Those who inherit property when the testator dies intestate (without a will)

Question 30

Intestate

Answer 30

To die without a will

Question 31

Predecease

Answer 31

Die before someone

Question 32

Testate

Answer 32

To die with a will

Question 33

Testator

Answer 33

A person that dies with a will

Question 34

Parentelic method

Answer 34

Get information on this

Question 35

Consanguinity method

Answer 35

Get info on this

Question 36

Living will

Answer 36

Describes an adults desires regarding medical treatment when they cannot give informed consent

Question 37

Durable healthcare power

Answer 37

A principals appointment at f an agent to make healthcare decisions for them