Simultaneous Death; Disclaimers; Slayer Rule; Advancement; Satisfaction Flashcards
What does the USDA provide?
When disposition of property is dependent on the order of death, and the order of death cannot be established, the property of each decedent is disposed of as if each decedent had survived the other.
When does the USDA not apply?
Where there is any evidence of one of the decedents surviving the other one by any time at all.
What does the 120-hour rule provide?
Under states adopting the 120-hour rule, a person must survive the decedent by at least 120 hours in order to take any distribution of the decedent’s estate.
What scheme of survival does the UPC espouse?
the 120 hour rule.
Do simultaneous death statutes apply if the will has a clause providing for simultaneous death?
No.
How is a beneficiary treated if they disclaim their interest?
the interest passes as though the disclaiming party predeceased the decedent.
Can someone disclaim an interest on behalf of an infant, incompetent or decedent?
Yes, if the court finds that it is in the best interests of those interested in the estate of the beneficiary and is not detrimental to the best interests of the beneficiary.
Can someone who has accepted a benefit later disclaim it?
No
A disclaimer can be used to defeat creditors’ claims, but not what?
a federal tax lien.
One who ____________ and ____________ brings about the death of a decedent forfeits any interest in the decedent’s estate.
feloniously and intentionally
Is a conviction for killing someone necessary to prevent the killer from inheriting from the decedent?
No, a person can be either convicted of killing the decedent or, where there is no conviction, the court can prevent the person from inheriting if it is found by a preponderance of the evidence that the slayer did in fact kill the D.
Is an inter vivos gift presumed to be an advancement?
No. It is presumed not to be. The UPC requires a writing.
Where one receiving an advancement dies before the testator, does the advancement disappear?
No, advancements are binding on the heirs of the receiver, in most states. In the UPC, the advancement is only binding on the advancee’s successors if the required writing shows that it is.
Satisfaction
a whole or partial inter vivos transfer from the testator to the beneficiary subsequent to the execution of the will, if the testator intends it to have that effect. The UPC requires a writing evincing the testator’s intent that it be satisfaction.
