Property and Family Law conflicts

Question 0

Movable property inter vivos transfer

Answer 0

law of the situs

Question 1

Land - conflict of law

Answer 1

law of the situs - where land is situated

Question 2

Movable property - transfer by will or bequest

Answer 2

law of decedents domicile

Question 3

disputes between property between married couples

Answer 3

law of marital domicile governs

Question 4

Recognition of Marriage

Answer 4

validity is determined law where celebrated

unless offensive to NY public policy

Question 5

Divorce

Answer 5

always governed by law of state of issue
divorce from another state is given full faith and credit so long as there was jurisdiction

foreign country divorce will be respected if both parties appear and divorce is legal in that country

Question 6

Divisible Divorce

Answer 6

if foreign court does not have jurisdiction over absent spouse, the divorce is valid but cannot affect economic rights of absent spouse

Question 7

child custody in NY is regulated by

Answer 7

New York Uniform Child Custody Jurisdiction and Enforcement Act

Question 8

Grounds for NY Jurisdiction in Child Custody

Answer 8

Ny can exercise jurisdiction over child custody when it is the child’s home state

Question 9

What does HOME STATE mean for jurisdiction in child custody

Answer 9

child lived with parent for 6 months prior to proceeding
no other home state
other court determines NY is more appropriate forum
parent has a significant connection with NY
evidence relevant to custody is available in NY
no other court will have jurisdiction

Question 10

Under UCCJEA once jurisdiction established, it is exclusive and it continues until

Answer 10

1. NY court determines child no longer has significant relationship to NY
   or
   parents no longer reside in ny

Question 11

Modification of custody determinations made in another state

Answer 11

cannot be modified unless

1. permission of other state
2. NY court determines child does not reside there

Question 12

General Rule for Estates

Answer 12

Succession to land is governed by the law of the situs.

Personal property is governed by the law of the decedents domicile.

Question 13

Factors determining whether a will is valid and will be admissible to probate

Answer 13

in writing
signed by testator
executed and attested in accordance with either
NY law
law of state where testator was domiciled when executed
law of state where testator wad domiciled at death

Question 14

Testamentary disposition of personal property

Valid bequest at time of execution
subsequently move to state where bequest is invalid

Answer 14

Bequest will be deemed valid

Question 15

Interpretation of Will

Answer 15

Interpretation based on law where will was executed

Question 16

Revocation of a will

Answer 16

whether revocation is valid is determined by the law of the state where the purported revocation was done