Probate and Estate Administration and Advance Healthcare

Question 1

Terminology

Answer 1

a. Probate—means the proceeding in which an instrument is judicially determined to e the will of the decedent or in which the decedent’s heirs are determined.

b. Personal representative is appointed to carry out the estate administration
i. if named in the will—called an executor
ii. if not—an administrator.

c. Primary probate jdxn—place of decedent’s domicile at death

Question 2

Personal representative

Answer 2

Must have 1) capacity + 2) must post bond unless will states otherwise
Executor –> appointed unless disqualified/ refuses

c. Powers and duties
i. give notice to devisees, heirs and claimants
ii. discover and collect the decedent’s assets and file an inventory
iii. manage the assets during administration
iv. pay admin expenses
v. distribute property.
vi. Fiduciary duties.

d. Entitled to compensation. Court can give reasonable compensation or look to statute, or look to gift in will.

Question 3

Creditor’s claims

Answer 3

a. have time limit otherwise barred.

b. paid in following order
i. admin
ii. funeral and illness expenses of decedent
iii. family allowance
iv. debts given preference under federal law
v. secured claims
vi. judgments against decedent
vii. all other claims

Question 4

Abatement

Answer 4

if not enough to cover what’s set out in will, follow the order of

a. property passing by intestacy
b. residuary estate
c. general legacies
d. specific bequests and devises.

Question 5

Living will

Answer 5

desire regarding whether to administer, withhold or withdraw life sustaining procedures

a. artificial nutrition or hydration
b. treatment to alleviate pain.
c. effective when principal is incapacitated.
d. must be
i. in writing
ii. signed by testator
iii. witnessed by 2 adults