MEE Flashcards
What are the sources of law for WTE?
State law, state common law, and the Uniform Probate Code
What law decides how a person’s property will pass after death?
The law of the state where the decedent is domiciled at time of death
What law decides how real property passes after death?
The law of the state where the property is located
Define Issue
all lineal descendants from an ancestor in any degree (children, grandchildren)
Define Heir
any person who is entitled to take under the statutes of intestate succession
How much does a spouse inherit if they are the only person to survive decedent?
The entire estate
How much does a spouse inherit if the decedent is also survived by their parents?
$300,000 plus 3/4 of the estate, remainder to parents
How much does a spouse inherit if the decedent’s issue with the spouse are still alive?
The entire estate
How much does a spouse inherit if the decedent’s issue not by the spouse are still alive?
$150,000 plus 1/2 of the estate, remainder divided among decedent’s issue
How do decedent’s descendants take if there is no surviving spouse?
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
How does a spouse take if there are both mutual issue and issue not of surviving spouse?
$225,000 plus 1/2, remainder divided among all issue
How does decedent’s estate pass if there is no living family and spouse pre-deceased?
To deceased spouses family
How does estate pass if there is no one under statute left to take?
Escheat to the state
Adoption- UPC transplantation theory
adopted child loses any right to take from his birth parents, and can only inherit from adopted family
Adoption by estoppel
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
Children born out of wedlock
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
Advancements
Property given during life to an heir by someone without a will
Advancement test
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
When are advancements valued?
either at the time the heir came into possession or at the time of the decedent’s death, whichever is earlier
Requirement for a will
Intent, capacity, formal requirements
Intent
must have intent for this document to be your will
Capacity
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
Insane delusion
the irrational belief with no basis in fact or reality
- must relate to the gift given
Execution of a will
must be in writing, signed by T, witnessed by two people
