Probate

Question 1

Distribution Analysis

Answer 1

1. Identify property as probate or non-probate
2. Identify whether there is will, and if it’s valid
3. If no will, intestate succession

Question 2

Filing

Answer 2

UPC- probate proceeding must be brought within 3 years of death (after there is presumption of intestacy)

Question 3

Non-Claim Statute

Answer 3

Bars creditor from making a claim on the decedent’s estate after a certain time period has elapsed

Question 4

Personal Representative

Answer 4

Appointed by court = administrator

Named in will = executor

Question 5

Personal Representative’s Tasks

Answer 5

1. Inventory and appraise the estate
2. Locate and contact interested parties (including creditors)
3. Satisfy debts (taxes, burial expenses, support payments)
4. Close the estate

Question 6

Personal Representative’s Duties

Answer 6

Fiduciary duties of loyalty and care

no self-dealing

Question 7

General Power of Appointment

Answer 7

1. No conditions or restrictions on donee’s power
2. Donee can appoint herself or one of the cretiros as owner of the property
3. If donee fails to exercise the power, property reverts back to the owner’s estate

Question 8

Special Power of Appointment

Answer 8

1. Donor can specify certain individuals or groups as objects of the power
2. Limits the donee’s power

Question 9

Power of Attorney

Answer 9

Authority to act on another’s behalf in a legal or business matter; can be general or special

1. In writing
2. Dated
3. Signed

Question 10

Advance Healthcare Directives

Answer 10

Living Will- dictates care individual wants if they are unable to express their wishes, agent’s job is to see that directive is enforced
Durable POA for Healthcare- appoints an agent in the event that principal becomes incapacitated and unable to make decisions, allows agent to stand in principal’s shoes and make decisions for them