Quiz 6 Flashcards
1
Q
- A successor may elect to accept a part of his inheritance and renounce part of it. True or False
A
True
2
Q
- The legal representative of a minor may renounce the minor’s rights in a succession on his behalf only when expressly authorized to do so by the court. True or False
A
True
3
Q
- A successor may assert a claim that he is also a creditor of the estate only if he also accepts his rights in the succession. True or False
A
False
4
Q
- A, knowing his mother was about to die, executed a renunciation of his interest in his mother’s succession so that he would not inherit any property. Assuming the renunciation was express and in writing, which of the following is correct?
A
c. The renunciation is an absolute nullity.
5
Q
- D died leaving a will that divided his estate equally between his children A and B. A and B probated the will and accepted their rights under the will. D’s other child, C, successfully challenged the will and D was ultimately deemed to have died intestate. Because A and B already accepted their interest in D’s will they are precluded from now renouncing their rights in intestacy. True or False?
A
False
6
Q
- A legacy subject to a suspensive condition may be accepted or renounced either before or after the fulfillment of the condition. True or False
A
True
7
Q
- D died intestate on Day 1 survived by two children, A and B. B accepted his interest in D’s estate on Day 3. A renounced his interest in D’s estate on Day 5. B accepted the accretion that fell to him as a result of A’s renunciation on Day 8. On what day(s) is B deemed to have become the owner of the property he inherited from D?
A
a. Day 1
8
Q
- Which of the following most likely does NOT constitute an acceptance of succession rights?
A
b. Successor brings suit seeking to remove the executor of the succession for breach of fiduciary duty.
9
Q
- Successors are presumed to have renounced if they do not accept within a reasonable period of time. True or False
A
False
10
Q
- Q wants to renounce her interest in her father’s succession. Which of the following is/are correct?
(i) renunciation must be express
(ii) renunciation must be in writing
(iii) renunciation can occur before Q’s father’s death
A
a. (i) and (ii)
11
Q
- Z wants to accept his interest in his sister’s succession. Which of the following is correct?
(i) acceptance must be express
(ii) acceptance must be in writing
(iii) acceptance can occur before Z’s sister’s death
A
d. None of the above.
12
Q
- Alisha’s mother died testate leaving the bulk of her estate to Alisha. Alisha validly renounced her interest in her mother’s estate. Alisha’s creditors want to either annul her renunciation or accept the renunciation on her behalf. Which of the following best describes the rights of Alisha’s creditors?
A
c. Alisha’s creditors may accept the estate on Alisha’s behalf if they obtain prior judicial authorization. The court will only approve their action if they show that Alisha’s renunciation was done in fraud of their rights.
