Quiz 5

Question 1

1. Common law has a doctrine similar to unworthiness that is usually called the _____ rule.

Answer 1

Slayer

Question 2

2. Most common law states expressly contemplate the affirmative defense of reconciliation in an action to permit an unworthy heir (slayer) to inherit. True or False

Answer 2

False

Question 3

3. The unworthy successor is required to return any of the decedent’s property in his possession to the succession. But, he may retain any fruits or products he derived from the property. True or False

Answer 3

False

Question 4

4. An executive pardon is an affirmative defense in an action to declare a successor unworthy to inherit. True or false

Answer 4

False

Question 5

5. D died intestate survived by his three children (A, B, and C), and by his two grandchildren (X and Y). X and Y are A’s children. D died because A poisoned him. B brought a timely action to have A declared unworthy. B’s action succeeded. Which of the following best describes how D’s estate should be distributed?

Answer 5

d. 1/6 to X; 1/6 to Y; 1/3 to B; 1/3 to C

Question 6

6. Kim and Kanye had a tumultuous romance. They had one child together, North. Kanye had children from a previous relationship. Kim had no other children. Kim and Kanye had a fight. Kanye shoved Kim very hard and she fell over their penthouse balcony, falling to her death. Kanye was acquitted in the ensuing criminal case. Kim died intestate owning both separate and community property. Kim’s family wants to bring an action to declare Kanye unworthy to inherit from Kim.
   An action to declare Kanye unworthy must be brought within three (3) years from the date of Kim’s death.
   True or False?

Answer 6

False

Question 7

7. Kim and Kanye had a tumultuous romance. They had one child together, North. Kanye had children from a previous relationship. Kim had no other children. Kim and Kanye had a fight. Kanye shoved Kim very hard and she fell over their penthouse balcony, falling to her death. Kanye was acquitted in the ensuing criminal case. Kim died intestate owning both separate and community property. Kim’s family wants to bring an action to declare Kanye unworthy to inherit from Kim.

Kim’s family cannot succeed in an action to declare Kanye unworthy because he was not convicted in a criminal proceeding. True or False

Answer 7

False

Question 8

8. Kim and Kanye had a tumultuous romance. They had one child together, North. Kanye had children from a previous relationship. Kim had no other children. Kim and Kanye had a fight. Kanye shoved Kim very hard and she fell over their penthouse balcony, falling to her death. Kanye was acquitted in the ensuing criminal case. Kim died intestate owning both separate and community property. Kim’s family wants to bring an action to declare Kanye unworthy to inherit from Kim.
   Which of the following people has standing to seek the declaration of unworthiness?

Answer 8

North