Modules 1-6

Question 1

What are some will substitutes?

Answer 1

Include life insurance, joint tenancies, or tenancies by entirety, inter vivos trusts, bank account trusts, deeds, contracts, and inter vivos gifts, including gifts causa mortis.

Question 2

property may pass through intestate succession when:

Answer 2

1. no will
2. will doesn’t dispose of all property

Question 3

basic idea of intestate succession

Answer 3

under intestate succession property remaining after debts are paid off passes to the intestate’s heirs

Question 4

who owns the property if the decedent was married at the time of death?

Answer 4

use the law of the domicile when property was required

Question 5

which state’s intestacy law applies?

Answer 5

personal property - law of domicile at death

real property - use the law of the situs of the property

Question 6

estate passes in order, proceeding down the list until there are takers:

Answer 6

• parents or surviving parent
• brothers and sisters and their kids
• materal (1/2) and paternal (1/2) grandparents and their descendants
• mother’s kin (1/2) and father’s kin (1/2)
• the state

Question 7

adoption by estoppel

Answer 7

permits a child to inherit from or through a stepparent or foster parent when legal custody of a child is gained under an (unfilled) agreement to adopt them.

Question 8

nonmarital child will inherit from father if:

Answer 8

(1) the father married the mother after child’s birth
(2) the man was adjudicated to be the father in a paternity suit; or
(3) after his death and during probate proceedings the man is proved by clear and convincing evidence to be the father.

Question 9

What is an advancement?

Answer 9

A lifetime gift to an heir with the intent that the gift be applied against any share the heir inherits from the donor’s estate.

Question 10

UPC states find advancement if:

Answer 10

(1) declared as such in a contemporaneous writing by the donor, or
(2) acknowledged as such in a writing by the heir (which need not be contemporaneous).

Question 11

120-hour rule

Answer 11

Many states and the UPC require that a person has to survive the decedent by 120 hours to inherit from the property. (about 5 days)

Question 12

Effect of Disclaimer

Answer 12

the disclaimed property passes as if the disclaimant had predeceased the defendant. The disclaimant cannot choose the recipient of the property

Question 13

A testator only needs the power to understand:

Answer 13

1. nature of the act
2. nature of their property
3. who is the natural objects of their bounty
4. able to formulate an orderly scheme of disposition.

Question 14

When it is not clear whether an instrument was intended to be testamentary, intent will be found only if it is shown that testator

Answer 14

1. intended to dispose of the property
2. intended the disposition to occur only on death AND
3. intended that the instrument in question accomplish the disposition.

Question 15

most states require these will formalities:

Answer 15

1. in writing
2. signed
3. two attesting witnesses
4. testator sign will in each of the witnesses’ presence; and
5. witnesses sign in testator’s presence

Question 16

testator’s signature

Answer 16

any mark made by testator with the intent that it operate as their signature satisfies the signature requirement.

Question 17

What is a holographic will?

Answer 17

One that is entirely in the testator’s handwriting and has no attesting witnesses.

Question 18

what is ademption by extinction?

Answer 18

ademption refers to the failure of a gift because the property is no longer in the testator’s estate at the time of their death.