the rest

Question 1

formal probate if

Answer 1

estate is over $75K

Question 2

formal probate requires

Answer 2

1. PR appointed
2. notice to creditors (3 mo)
3. if over 55- confirm no $ owed to medicaid

Question 3

preneed gaurdian order must

Answer 3

Must be in writing
Must be signed by parents
Child’s full legal name- no nicknames
Child’s SSN
Must be notarized;

Question 4

what is conscious presence?

Answer 4

signatures of the witnesses are valid as long as they are aware that they are signing the testator’s will as witnesses.

Question 5

what is line of sight presence?

Answer 5

presence only if 1 witness be within the line of sight of the will when the other witness signs it

Question 6

how can real property be transferred with no probate?

Answer 6

1. tenants by the entierty (married)
2. Joint tenants with rights of survivorship
3. lady bird deed

Question 7

Gaurdianships require

Answer 7

1. annual accounting
2. determination for G’ship of the person, the property, or everything

Question 8

Custodianships apply to

Answer 8

Minors; typically when crossing st lines

Question 9

what control does conservatorship involve?

Answer 9

complete control

Question 10

when does a conservatorship end?

Answer 10

only upon ct order

Question 11

what is the amount of time after someone dies can their will be deposited by custodian?

Answer 11

10 days upon the knowledge of death if in control of the will

Question 12

A non-attested, or holographic will, has three requirements

Answer 12

(1) it must be in writing;
(2) the testator must have handwritten the material portions of the will; and
(3) the testator must have personally signed the will.

Question 13

T/F: a provision that provides if a bene contests a will they forfeit their share is valid in FL

Answer 13

False: not valid in FL; cannot prevent a perosns righ to ct via K

Question 14

2 types of valid wills

Answer 14

attested wills and non-attested wills

Question 15

three possible forms for valid wills:

Answer 15

(1) a witnessed, attested will;
(2) a notarized, attested will; and
(3) a non-attested will.

Question 16

A witnessed, attested will must be:

Answer 16

(1) in writing;
(2) signed by the testator, either personally or by another individual in the testator’s conscious presence and at his direction; and
(3) signed by at least two people within a reasonable time after witnessing the testator’s signature.