MEE

Question 1

What are the sources of law for WTE?

Answer 1

State law, state common law, and the Uniform Probate Code

Question 2

What law decides how a person’s property will pass after death?

Answer 2

The law of the state where the decedent is domiciled at time of death

Question 3

What law decides how real property passes after death?

Answer 3

The law of the state where the property is located

Question 4

Define Issue

Answer 4

all lineal descendants from an ancestor in any degree (children, grandchildren)

Question 5

Define Heir

Answer 5

any person who is entitled to take under the statutes of intestate succession

Question 6

How much does a spouse inherit if they are the only person to survive decedent?

Answer 6

The entire estate

Question 7

How much does a spouse inherit if the decedent is also survived by their parents?

Answer 7

$300,000 plus 3/4 of the estate, remainder to parents

Question 8

How much does a spouse inherit if the decedent’s issue with the spouse are still alive?

Answer 8

The entire estate

Question 9

How much does a spouse inherit if the decedent’s issue not by the spouse are still alive?

Answer 9

$150,000 plus 1/2 of the estate, remainder divided among decedent’s issue

Question 10

How do decedent’s descendants take if there is no surviving spouse?

Answer 10

The generation nearest to the decedent take either by representation or per capita
- up to parents, then down through their line
- if no parents or siblings, then up to grandparent’s line and down to aunts/uncles

Question 11

How does a spouse take if there are both mutual issue and issue not of surviving spouse?

Answer 11

$225,000 plus 1/2, remainder divided among all issue

Question 12

How does decedent’s estate pass if there is no living family and spouse pre-deceased?

Answer 12

To deceased spouses family

Question 13

How does estate pass if there is no one under statute left to take?

Answer 13

Escheat to the state

Question 14

Adoption- UPC transplantation theory

Answer 14

adopted child loses any right to take from his birth parents, and can only inherit from adopted family

Question 15

Adoption by estoppel

Answer 15

for stepchildren, who ordinarily would not take in intestacy
Can be shown if there is an attempt to adopt that does not occur because of technicality OR if stepparent contract with natural parent to adopt but for some reason does not

Question 16

Children born out of wedlock

Answer 16

Automatically considered child of the mother
Considered child of the father when:
1) parents marry
2) father openly holds out child to be his own
3) clear and convincing evidence shows the man was the father

Question 17

Advancements

Answer 17

Property given during life to an heir by someone without a will

Question 18

Advancement test

Answer 18

1) the property is declared in a contemporaneous writing by the decedent or acknowledge in writing by heir as an advancement
2) the writing says the gift is to be taken into account during the division of the intestate estate

Question 19

When are advancements valued?

Answer 19

either at the time the heir came into possession or at the time of the decedent’s death, whichever is earlier

Question 20

Requirement for a will

Answer 20

Intent, capacity, formal requirements

Question 21

Intent

Answer 21

must have intent for this document to be your will

Question 22

Capacity

Answer 22

must be at least 18
measured at time of execution
must be of sound mind
- must generally know the property you have to given away and who you can give it to

Question 23

Insane delusion

Answer 23

the irrational belief with no basis in fact or reality
- must relate to the gift given

Question 24

Execution of a will

Answer 24

must be in writing, signed by T, witnessed by two people

Question 25

Witnesses

Answer 25

-competent
-no age requirement, generally
-do not have to sign in presence of T
- must sign within a reasonable time

Question 26

Interested witnesses

Answer 26

Does not invalidate the will, but may purge witness’s interest

Question 27

Harmless error rule

Answer 27

even if the formalities fail, a will will generally be validated if proponent can show through C&C evidence that T intended doc to be a will

Question 28

Holographic Wills

Answer 28

handwritten by T
- can be sufficiently proven by two witnesses who know T’s handwriting

Question 29

Conditional Wills

Answer 29

a certain gift or will may be conditioned on the occurrence or non-occurrence of a specific event
- must be clear on its face, and comply with formal requirements

Question 30

Codicils

Answer 30

an addition to or alteration of an existing will
-same formalities as a will
- valid execution can cure any defects in pre-existing will

Question 31

Foreign Wills

Answer 31

must comply with the law where it was created

Question 32

Specific Gift

Answer 32

specifically identified piece of personal property

Question 33

Demonstrative gift

Answer 33

general gift that specified the fund or property from which the transfer is to be made (usually money)

Question 34

General gift

Answer 34

transfer from general assets of the D’s estate

Question 35

Spousal Elective Share

Answer 35

Spouse can decline to take under the will and may make an elective share against the estate equal to 50% of the value of the marital property

Question 36

Procedure for election

Answer 36

1) file a claim in the county of D’s domicile
2) within 9 months of death of D or w/in 6 months of probate (whichever is later)

Question 37

UPC Elections

Answer 37

length of marriage determines the percent a spouse can elect (up to 50% for marriages 15 years or longer)