Jenkins 2018 Wills & Codicils Flashcards
1
Q
What is intestate succession?
A
The way a person’s property is distributed if she/he dies without a will.
2
Q
What does it mean if you die intestate?
A
It means you die without a valid will. Your property is distributed to your heirs under Ch 2 of probate code.
3
Q
What is a testator?
A
A person who makes a will or person who dies leaving a will.
4
Q
What is the difference between descent and distribution?
A
In common law, both refer to the passage of property from testator to person inheriting. Real property is passed by descent and person property passes by distribution. Use term devise for both now.
5
Q
What is the difference between devisees and legatees?
A
In common law, person receiving land is a divisee, a person receiving personal property is a legatee. Now we use divisee for both.
6
Q
What is renunciation in the context of estate property?
A
When a person is entitled to a gift under a will or share of an intestate’s estate but they turn it down. The gift is renounced or disclaimed. It is executed after death.
7
Q
What is a release of expectancy in the context of estate property?
A
When a person is entitled to a gift under a will or share of an intestate’s estate but they turn it down before their death. There must be consideration for the release.
8
Q
Why in the world would anybody want to renounce their share of a decedent’s estate?
A
To avoid creditors, or estate taxes.
9
Q
What is a Will?
A
A legal declaration of a person’s intention to dispose of their property after their death, usually specifying how it is to be distributed.
10
Q
What are the three requirements of a valid will?
A
1 testamentary capacity
2 physical compliance with formalities
3 testator’s intent
11
Q
What is testamentary capacity?
A
Testator must be mentally competent at the time of the execution. Must know character of property, natural objects of his bounty, & effect of making will. Elements:
1 sound mind
2 requisite age
12
Q
What is physical compliance with the formalities of a will?
A
Meeting the elements prescribed by statute of the jurisdiction in which the will is executed.
13
Q
What is a testator’s intent?
A
Intent that the instrument be a will. Intent that it takes effect on testator’s death.
14
Q
What can invalidate a will?
A
the presence of fraud or undue influence.
failure to meet the 3 requirments
15
Q
What is the difference between a will and a testament?
A
In common law, a will disposes of real property, a testament disposes of personal property.
not relevant anymore.
16
Q
At what point does a will become irrevocable?
A
Never.
or until the testator dies or becomes incapacitated (can’t make a new will at that point)
17
Q
What is the difference between a devise, a legacy, and a bequest?
A
in common law devise - gift of land legacy - gift of money bequest - gift of personal property not relevant anymore
18
Q
What is a personal representative?
A
Anyone authorized by the court to administer the estate whether by will or intestacy.
19
Q
What is an executor?
A
Person the testator named in the will to administer the estate.
20
Q
What is an administrator?
A
Person appointed by the court to administer an estate of an intestate.
21
Q
What is an administrator with the will annexed?
A
Person appointed to administer the estate of a decedent although his will names an executor. Occurs if will fails to name executor or if the person can’t or won’t serve as executor.
22
Q
What is sound mind in regards to testamentary capacity?
A
Testator must understand 1 the extent of his property 2 natural objects of his bounty 3 the nature of the testamentary act 4 relate these elements to one another and ability to form orderly desire as to how his property should be distributed.
23
Q
What is undue influence?
A
any type of coercion, physical, mental or moral, which subverts the desire of an individual. elements:
1 susceptibility
2 opportunity to influence
3 wrongdoers has disposition to exert undue influence
4 result showing effect of such influence
24
Q
What happens if it’s found that a testator’s will was executed through undue influence or fraud?
A
the will is invalid
25
What is the difference between undue influence and fraud?
Fraud involves deceit and undue influence does not.
26
What are the 2 types of fraud that will invalidate a will?
fraud in execution
| fraud in inducement
27
What is fraud in the execution of a will?
testator is deceived into thinking he's not signing a will or is deceived about the contents of the will.
28
What is fraud in the inducement with regards to a will?
someone knowingly lies about a material fact and testator makes or changes a provision in the will based on the misrepresentation.
29
Under what circumstances may a testator's mistake involving his will invalidate the will or part of it?
The testator signs the wrong document by mistake, if a provision is inserted by mistake, or if the testator is mistaken about the status of a relative.
30
What if an attorney makes a mistake in drafting the will?
The attorney can be held liable for malpractice. The estate can sue because it has privity. Beneficiaries don't have privity but can sue in tort (negligence) or contract.
31
What are the three types of wills.
1 written and witnessed - types and executed with witnesses and notary
2 holographic - completely hand written and executed
3 nuncupative - oral or video
32
How do you determine authenticity of holographic and nuncupative wills?
Holographic - entire will must be in testator's handwriting, usually witnessed
nuncupative - must satisfy requirements
33
What are the typical formalities required to create a valid written will in Texas?
1 a writing - entire document typed (can be a readable inscription on a permanent surface)
2 signed by testator or by another person at his direction and in his presence
3 attested by 2 or more credible witnesses in testator's presence
publication not required in Texas
34
Does the UPC follow the 3 requirements (writing, signing and witnesses)?
yes, but it has an exception, the will is consider valid if there is clear and convincing evidence that it is the testator's intent that the document be his will.
35
Issues related to signatures on wills?
1 doesn't have to be full name, has to be testator's mark, can sign dad, husband, grandpa, etc
2 doesn't have to be written by the testator but must be in his presence and at his direction
3 can be anywhere on the will unless the jurisdiction's statute requires it to be on last page.
36
Must a testator sign his will in the presence of his witnesses?
No, the testator can acknowledge his signature to the witnesses by telling them it's his signature and his will.
37
What does it mean to acknowledge a will?
When testator shows the witnesses his signature on the will and tells them it's his signature and the document is his will.
38
Does the testator have to watch the witnesses sign the will and do the witnesses have to see the testator sign the will?
No, most jurisdictions are liberal in accepting the will if the witnesses and testator are aware of the signings.
39
What are the functions performed by the witnesses in a will execution?
signing and attestation
40
What is attestation in a will execution?
When the witnesses intend to bear witness to the act of signing a will.
41
How many witnesses does a valid will require?
most states require 2..
42
What is the purpose behind having witnesses to a will?
To prevent fraud.
43
What happens if a witness to a will has a pecuniary interest in the will?
The witness's interest in the will will be purged (removed).
| The witness can't testify to the will's validity.
44
What is a purging statute in the context of witnesses to wills?
A statute that eliminates the bequests of a beneficiary to a will that is also a witness to the will.
45
What is an attestation clause in a will?
A clause in which the witnesses certify that the will has been properly executed by the testator in their presence.
46
What is a self-proving will?
A will that contains an affidavit in which the testator and witnesses swear under oath that the formalities required for proper execution of the will have been fulfilled. Prima facie evidence of testator capacity that must be over come by someone challenging will.
47
What is a holographic will?
A will that is handwritten and signed by the testator. No witnesses are required.
48
What happens if a holographic will contains material that's not in the testator's handwriting?
three approached depending on jurisdiction
1 entire will is valid
2 entire will is not valid
3 parts not in testator's handwriting are invalid
49
What are the requirements for nuncupative wills?
No longer valid in Texas.
1 testator is close to death or knows he is dying
2 will disposes of personal property not real property
3 testator tells witnesses he wants him to witness his oral will
4 must be 3 witnesses (at least 14 yrs old)
5 must be probated within 6 months of when will is made
50
Do nuncupative wills require witnesses?
yes, 3 of them.
51
Is it possible to use witness testimony to determine what the testator's intent was?
No, intent has to be obvious from the face of the document.
52
What does integration mean in regards to wills?
Several instruments can be merged into one if they make up the entire will. Must meet the statutory formalities and cannot contradict each other.
53
What 2 elements are necessary to cause a document to be integrated into the testator's will?
1 all pages sought to be probated must be present at the time of execution
2 testator intended all these pages to constitute a part of his will
54
In figuring out which papers form part of the testator's will, what does the term incorporation by reference mean?
The testator refers to document outside of the will in the language of the will.
55
What are the requirements to incorporate documents by reference?
1 extraneous material existed when the will is signed
2 will refers to material as it existed at the time
3 will shows testator's intent to incorporate
4 material is identical to what is referred to in the will
56
What are the protected classes of potential beneficiaries in the family?
Surviving spouse and children of the testator.
57
How do statutes and common law rules protect the testator's family when it comes to wills?
They provide mandatory shares to prevent unintentional and intention disinheritance of spouse and to prevent unintentional disinheritance of children
58
How is the surviving spouse protect by modern statutes?
Elective shares give the surviving spouse the choice of one of several alternatives:
1 what spouse gets under deceased spouse's will
2 1/3 of deceased spouse's estate
3 what spouse would get under intestacy
59
How do transfers made by a deceased spouse during his or her lifetime affect the surviving spouse's elective share?
depends:
Did the deceased spouse make the transfer with the intent of depriving the surviving spouse of a share?
Was the transfer real or illusory?
60
How is a spouse protected against unintentional disinheritance, under modern statutes?
If the spouse married after the will, statutes give the spouse a share of the estate. (Omitted spouses)
61
Can a spouse waive his or her elective share in the other spouse's estate?
Yes, rights can be waived, released, or contracted away in a pre-nupt or post-nupt.
62
What are dower and curtesy?
In common law, dower protects wife, curtesy protects husband. Not valid anymore.
63
As a general rule, may parents completely disinherit their children if they want to?
Yes but statutes will protect children that are unintentionally disinherited.
64
What is a pretermitted heir?
A child that unintentionally left out of a will. (usually born after will signed)
65
What portion of deceased parent's estate may be claimed by a pretermitted child?
Whatever portion the child would have received if parent died intestate.
66
In the context of wills, what is the doctrine of independent significance?
Doctrine that provides for the disposition of property based on an act or event that is independent of the will itself.
67
When it comes to proving the contents of a will, what is extrinsic evidence?
Evidence found outside the body of the will.
68
When is extrinsic evidence available to prove the contents of a will?
Only to prove latent ambiguities.
69
In the context of wills, what is patent ambiguity?
Ambiguity that is obvious from the face of the will.
70
In the context of wills, what is latent ambiguity?
Ambiguity that is not obvious from the face of the will but is discovered when it is probated.
71
In the context of wills, what is misdescription?
When the description in the will can fit more than one person and you can't tell who it refers to.
72
When does a gift in a will lapse?
When the beneficiary was alive at execution but dies before testator.
73
What is a class gift?
A bequest to a group of people that are designated as a group and not as individuals.
74
What happens when the beneficiary is already dead when the will is executed?
The gift is void.
75
What if the residuary beneficiary predeceases the testator, who gets the beneficiary's interest?
It passes to other residuary legatees.
76
What is an antilapse statute?
if devisee dies but leaves issue that survive the testator, and the testator doesn't provide for alternative disposition, then that divisee's gift passes to his issue not the residuary beneficiary under the will.
77
What are the four different classifications for distributions under a will?
1 specific
2 demonstrative
3 general
4 residuary
78
What is a specific bequest or devise?
A gift of a specific real property or personal property.
79
What is a demonstrative bequest?
A gift of a certain amount or portion of property from a certain fund or other identifiable source.
80
What is a general bequest?
A gift or property payable from the general assets of the testator's estate.
81
What is residuary bequest?
the gift of the remaining portion of the estate after everything else is taken care of - all debts, specific demonstrative and general bequests.
82
What is a legatee?
Anyone who takes a bequest under a will.
83
What is ademption?
doctrine that describes a gift that has been invalidated, usually it's no longer part of the estate or was given to the person by the testator when testator was alive.
84
What is ademption by extinction?
doctrine under which the bequest is wiped out, usually the item is no longer part of the estate.
85
What are the rules for ademption of securities?
1. legatee gets stocks that split, merge, consolidate or reorganize
2 if testator sells stock and buys more stock legatee is not entitled to new stock
3 if testator sells stock and keeps money legatee is not entitled to the money
86
What is ademption by satisfaction?
When testator gives someone all or part of the gift he intend to give in the will.
87
Under what circumstances will an inter vivos gift to someone be presumed to be an ademption by satisfaction?
1 subject matter of gift is the same subject matter in gift
| 2 legatee is the testator's child or grandchild
88
Are Wills revocable?
Yes, as long as testator is alive and mentally competent.
89
What are the 3 principal ways a will can be revoked?
1 operation of law
2 physical acts
3 subsequent instrument
90
How can a will be revoked by operation of law?
Testator's circumstances change in a way that require the will to be revoked. Like marriages or divorces.
91
How can a will be revoked by a physical act?
When a testator burns, tears, cuts, destroys or otherwise mutilates a will it is revoked. Another person can do it as testator's request and in testator's presence.
92
Can a testator revoke only a portion of the will with a physical act?
No, in Texas partial revocations are not valid.
93
When you revoke by the physical act of marking out a clause do you have to add written words with the cancelation?
No, you may include canceled or void but it is not required.
94
How do you revoke a will by a subsequent instrument?
1 later will expressly revokes it
2 a codicil
3 an instrument that revokes an earlier will
95
If your 2nd will doesn't expressly revoke the first will, what effect if any does your first will still have?
It's still valid to the extent it doesn't conflict with the second will.
96
Are lost wills presumed to be revoked?
Depends on who last had possession of it.
1 if testator was last to have it, it's presumed revoked
2 if someone else had it last, it's presumed valid
97
Is a will valid if testator executes duplicates and only revokes one of them?
no revoking one copy is the same as revoking all copies.
98
What is the doctrine of dependent relative revocation?
doctrine that allows the court to disregard a revocation if it's induced by the testator's mistake of fact or law.
99
What is a codicil?
Document that amends or supplements a will.
100
What are the requirements of a valid codicil?
1 must satisfy the formalities of a will
2 previous valid will exists
3 does not entirely revoke previous will
101
What is a republication by codicil?
Doctrine that treats the will as if it were executed on the day the codicil is signed.
102
What is revival?
When a testator writes a will then revokes it by making a second will without destroying the first will. Testator then revokes second will a revives the fist will.
103
What are the two types of contracts related to or affecting wills?
1 when testator promises to leave property to a person in exchange for services
2 when two people promise to execute mutual wills
104
What is a joint will?
When 2 or more persons use a single will to dispose of their property. The same will is used when each of them dies. Don't do them, they're bad cause they create litigation
105
What is a mutual will?
When 2 or more testators have wills with similar or reciprocal provisions.
106
What is administration of an estate?
Formal court enforced process of liquidating and managing the decedent's estate. payment of debts and liquidation of assets.
107
What is the impact of the timing of probating a will?
1 executor can begin to act on behalf of the estate
| 2 the validity of the will is no longer subject to attack
108
How is a will probated?
1 person named as executor files petition to probate
2 interested parties are given notice and opportunity to object/respond
3 court hearing to prove - death, domicile, genuineness of will, compliance with execution requirements, and testamentary capacity
4 will admitted to probate and petitioner is named executor
109
What is a will substitute?
A legal vehicle to pass a person's property at death without the formal administration. Passing assets outside the estate.
110
What are the 4 most common will substitutes?
1 joint tenancy
2 joint bank accounts
3 contracts requiring performance at death
4 inter vivos trusts
111
What is a joint tenancy?
When more than one person owns property and it goes to the survivor when one of them dies.
112
What is joint bank accounts?
When more than one person own a bank account and it goes to the survivor when one of them dies. Can also create a bank account with a right of survivorship.
113
What are contract requiring performance at death?
Contracts that become effective on death, the most common are life insurance contracts.
114
What are inter vivos trusts?
A trust created during a person's life to hold assets for a beneficiary until his death.
115
What is tenancy by the entirety?
A form of joint tenancy that is limited to spouses.
116
When is the validity of will substitutes challenged?
When the people who take by the will substitute are different from the people who take by the will.
117
What are precatory words?
Words of intent to create a trust - hope, wish, desire or recommendation
118
What is Objects of his/her bounty?
Testator must know who he is including in the will and who he is leaving out.
119
What is a personal representative?
A person with authority o represent an estate - executor, administrator or guardian. PR is a fiduciary with duty of loyalty to the estate, trust or ward.
120
What is an executor?
A person appointed in a will to execute the will and manage the administration of the estate.
121
What is an administrator?
A person appointed by a court to administer an intestate estate.
122
What is an independent executor?
When an executor is independent. They act with minimal supervision of the court and generally will not have a bond.
123
what is a dependent administration?
When the administrator acts under the supervision of the court, generally dependent administration requires a bond.
124
What is dead hand?
rules that allow the dead person to control someone's behavior for purposes of inheritance.
125
What is the effect of an invalid clause in a will?
It does not invalidate the will, only the clause is invalidated.
126
What kinds of non-probate tools are there?
Inter vivos trusts
life insurance
payable on death/transfer on death contracts
joint tenancy
127
what is privity?
the contractual relationship between 2 parties. Majority grants privity between attorney and beneficiary, minority (Texas) does not grant beneficiary privity.
128
What is substantial compliance rule with respect to wills?
When the signing of the will meets most of the elements it will be accepted even though it is defective if it clearly demonstrates the testator's intent.
129
What is the rule regarding wills signed in another state?
A will validly executed in another state is considered validly executed in the state of Texas.
130
What are the elements of a holographic will?
1. entire document in testator's handwriting.
2. declares testamentary intent
3. signed by testator
131
What happens when will is witnessed by a beneficiary?
a disinterested person present at the signing must corroborate the will or intestacy occurs. Gift is void if there's not another witness but valid if there is another witness. Interested witness takes the lesser of share in will or intestate share.
132
what are the 4 functions of a will?
evidentiary
ritual caution
protective
channeling
133
What is the evidentiary function of a will?
it provides the court with satisfactory evidence of testator's intent and affirms authenticity of will.
134
What is the ritual caution function of A will?
The ceremony impresses the importance and significance of the Will to the testator.
135
What is the protective function of a will?
it protects the testator from fraud and undue influence
136
What is the channeling function of a will?
standardization simplifies administration and gives more certainty to the process.
137
What are the formalities for an attested Will?
1 writing
2 signature in presence of 2 witness (can be acknowledged if not witnessed, can be singed by another at testator's direction and in his presence)
3 attested and signed by 2 witnesses
138
What are the formalities for a holographic will?
1 wholly in testator's handwriting
2 demonstrates testamentary intent
3 signed by testator
139
What is the strict compliance rule?
Used in Texas, there must be strict compliance with formal requirements or the will will not be accepted into probate.
140
What is the substantial compliance rule?
Not used in Texas, some jurisdictions will accept the will if it demonstrates testamentary capacity even if it doesn't comply with the formal requirements.
141
What is conscious presence with regards to wills?
Testator through sight, hearing or general consciousness of events comprehends that the witness is signing.
142
What is an interested witness?
A witness who is named in the will or stands to benefit from the will.
143
What happens when an interested person witnesses the a will?
He can't testify proving up will. If no one else can testify he takes lesser of share he'd get in will or through intestacy.
144
What is a self-proving affidavit?
A clause or affidavit in a Will that proves up the will. It is prima facia evidence of a testator's capacity and allows you to probate the will without witnesses.
145
Are attorneys allowed to draft wills in which they are executors or beneficiaries?
No, unless the person is the attorney's spouse or relative in within the 3rd degree.
146
Does revoking a will also revoke the codicils?
Yes.
147
Does revoking a codicil also revoke the will?
No, it only revokes the codicil.
148
When does a will stop being revocable?
when the testator dies or loses capacity.
149
What is the presumption if the will can't be found?
1. testator destroyed it with intent to revoke
2. is was accidentally destroyed or lost
3.it was wrongfully destroyed by someone
The law presumes #1
150
Are contracts concerning wills enforceable?
The contracts are binding if the will states the contract exists, the material provisions of the contract. Joint or reciprocal will do not constitute evidence of the contract.
151
What are forfeiture clauses and are they enforceable?
clauses that forfeit inheritance of someone who challenges the will. They are enforceable unless challenger establishes there was cause and good faith in bringing the action.
152
What is the doctrine of dependent relative revocation?
If a testator undertakes to revoke her will upon a mistaken assumption of law or fact, the revocation is ineffective if the testator would not have revoked the will but for the mistaken belief.
153
How is the doctrine of dependent relative revocation enforced in Texas.
If testator destroys Will #2 thinking he is reviving will #1, the court will revive will #2 under the doctrine of DRR.
154
When does a divorce revoke a will by operation of law?
When the decree is signed not when the petition is filed.
155
what is an added benefit of republication by codicil?
It cures execution deficiencies in the Will. It will not cure an invalid will.
156
what is the exception to incorporation by reference?
memorandum of personal effects
157
What is a memorandum of personal effects.
A document, generally referenced in will, that explains the distribution of personal property. Generally separate because personal property changes.
158
What are acts of independent significance?
when a will disposes property by reference to acts or events that have significance apart from their effect upon the dispositions made by the will. Acts can before or after either execution of will or death of testator.
159
How is a gift that gives "the contents of" handled in Texas?
Contents are transferred if you would expect to find them in the place. It doesn't include items that are transferred by certificate.
160
How do you analyze contracts related to wills?
first determine if there's a valid contract, if the contract fails the agreement fails. Then determine if there's a breach of the contract.
161
Do mutual/reciprocal wills create a duty not to revoke?
No, there must be another agreement or it must be stated in the will or the will can be revoked at any time.
162
What makes a valid contract under a will?
will must state the contract exists.
will must contain material provisions of contract or there an agreement that the will contract is binding and enforceable.
163
What is the remedy when a contract under a will is breached?
a constructive trust to distribute the money to the right person. only way cause you can't change the nature of vesting.
164
can testamentary capacity be destroyed by testimony of testator's past crazy behavior?
No, testamentary capacity is not destroyed by crazy behavior, drunk or alcohol abuse, or eccentric behavior. Have to look at actions at the time of execution.
165
What are lucid intervals?
When an incapacitated person has periods of capacity and incapacity. He can sign during a period of capacity.
166
When a fiduciary benefits from a transaction who bears the burden of proof?
Fiduciary bears the burden of proving he did not benefit by violating his fiduciary obligations.
167
Will a Texas court allow a modification to a will?
Yes, if the will is ambiguous and if it can be proved by clear and convincing evidence that the change reflects the testator's intent.
168
What is equivocation?
when the description in the will fits 2 or more persons or things. Extrinsic evidence allowed to show testator's intent.
169
How does a divorce affect a will?
divorce revokes all provisions in favor of a former spouse under wills, trusts, and life insurance policies.
170
What is a pour over will?
When person creates a trust then creates a will that gives everything to the trust.
171
When are trusts and will effective?
Trusts are effective when they're funded.
| Wills are effective when testator dies.
172
Name some advantages of using a trust over a will.
1. trust is not administered under court supervision
2. trust is easier and cheaper
3. distribution of funds is faster
4. harder to set aside a revocable trust
5. better for special needs or incapacitated people
6. protects separate property in a community property state
173
Can a will change beneficiaries of a life insurance policy, retirement plan or bank account?
no, they are governed by contract law and must be changed per the terms of the contract not in the will.
174
What is a statutory durable power of attorney?
A document that gives another the power to act on the signer's behalf as if he were the signor. It can be effective on execution of upon incapacity.
175
What is a medial power of attorney?
A document that gives another the power to make medical decisions on behalf of the signer if the signer is not able to communicate with the doctor.
176
What is a directive to physicians?
The pull the plug document. It allows the signer to designate a course of action should the signer become incapacitated and unable to communicate with the doctors.
177
what is a HIPAA authorization form?
A document that allows the doctors to release medical information regarding signor to the people listed in the document.
178
what is a declaration of guardian?
A document that names people signor wants to become his guardian if he loses capacity and needs a guardian. Avoids having the court pick someone. capacity must be proven with medical evidence.
179
What is the net contributions rule?
When parties have a joint account, their interest is based on their contributions unless there is clear and convincing evidence of a different intent.
180
What is a transfer on death deed for real property?
A deed that transfers a person's estate to another person upon their death. It essentially creates a life estate for the owner and the grantee gets a fee simple absolute.
181
What are the 3 types of directives?
1. instructional - living will, provides person's preferences
2. proxy - delegates power to make medical decisions
3. hybrid - provides instructions and delegates authority
182
What are 2 types of guardians and what are their duties?
Guardian of the person - in charge of day to day care of the person
guardian of the estate - in charge of the person's money and finances.
a court may appoint one or both, as needed
183
What is a guardian ad litem?
A person appointed by the court to make sure the ward is taken care of.
184
What is an attorney ad litem?
An attorney appointed by the court to represent and protect the ward's legal interests.
185
what is the procedure for a guardianship?
file an application for guardianship, prepare for hearing, serve ward, attend hearing, work with guardian and attorney at litem,
186
Is a prenupt enforceable in a probate proceeding?
Yes, the parties can agree on the characterization of property they own and on the distribution of the property.
187
How is community property treated in a will?
the surviving spouse retains their portion of the community property.
the children divide the deceased spouse's community property evenly.
A testator can only devise their portion of community property not the surviving spouse's.
188
What are the rules for migrating couples and multistate property holdings?
1. law where real property is located controls
2. law of domicile at the time personal property is acquired controls.
3. law of marital domicile at the time of death controls.
189
How are social security benefits treated at death?
if married more than 10 years, spouse can draw their benefits or deceased spouse's benefits. Can't get both but can get the one that pays more.
190
How is homestead treated at death?
The surviving spouse gets a 1/3 life estate interest in the homestead and have a right to live there until they die.
191
What is a family allowance?
When the judge gives the family enough money to live on during the will contest, usually about a year of income.
192
Can children be intentionally left out of a will?
Yes, parents can disinherit their children at will. Child has the burden of proving he was accidentally omitted by clear and convincing evidence if they are intentionally omitted.
193
What is the limit on pretermitted child's inheritance?
take what they would normally take in intestacy
| can't take up to half the property.
