Themis Essay 5310

Question 1

For a gift to be valid:

Answer 1

(i) the donor must have the mental capacity and present intent to make a gift;
(ii) the gift must be delivered to the donee or his agent; and
(iii) the donee must accept the gift.

Question 2

The burden is on a donee to establish the existence of the elements of a valid gift by

Answer 2

clear and convincing evidence.

Question 3

The delivery element for giving a gift exists to provide clear manifestation of

Answer 3

the donor’s intent to divest himself of title and possession.

Question 4

Sufficient delivery occurs when a donor:

Answer 4

(i) clearly expresses written intent to give a gift;
(ii) clearly describes the subject being gifted;
(iii) signs the written document;
(iv) passes the writing out of the donor’s control
(v) with the intent it reaches the donee.

Question 5

The acceptance of a gift by a donee is

Answer 5

presumed.

Question 6

When the elements of a gift are satisfied, a delay in the physical transfer of the property until the death of the donor does not

Answer 6

invalidate the gift.

Question 7

If a child born out of wedlock seeks to inherit from a deceased biological parent and the deceased’s parentage has not previously been established, the child (or someone acting for the child) must

Answer 7

file an affidavit in the circuit court and seek an adjudication of parentage within one year after the death of the parent.

Question 8

Paternity is established by

Answer 8

clear and convincing evidence.

Question 9

Virginia statue establishes acceptable evidence to establish paternity, such as evidence the father:

Answer 9

(i) openly co-habitated with the mother 10 months prior to the child’s birth;
(ii) permitted the child to use his surname;
(iii) claimed the child as his own on a government document;
(iv) voluntarily admitted the child was his in writing under oath; or
(v) by scientifically reliable genetic testing.

Question 10

The administrator of an intestate’s estate must first pay

Answer 10

any expenses and costs incurred in administering the estate.

Question 11

After paying the intestate estate’s expenses and costs, the surviving spouse may claim:

Answer 11

(i) the family allowance [$24,000 or $2,000/mo. for 1 year];
(ii) a personal property exemption [$20,000]; and
(iii) a homestead exemption [$20,000].

Question 12

An intestate’s augmented estate is composed of the remaining assets after:

Answer 12

(i) costs and expenses;
(ii) the family allowance;
(ii) the personal exemption;
(iv) the homestead exemption; and
(v) taxes and debts of the estate have all been satisfied.

Question 13

If the intestate is survived by any children or descendants who are not children or descendants of the surviving spouse, then the administrator will distribute

Answer 13

one-third of the augmented estate to the surviving spouse, and two-thirds of the augmented estate to the intestate’s descendants by representation.

Question 14

A surviving spouse is entitled to 100% of the augmented estate if

Answer 14

the intestate’s only child or children were also those of the surviving spouse.

Question 15

If a surviving spouse elects the homestead allowance, then

Answer 15

that spouse is not entitled to a distribution from the intestate’s estate.

Question 16

A surviving spouse may choose to take an elective share of the augmented estate, which for a surviving spouse who was married for at least 15 years would be

Answer 16

one-half of the augmented estate.

Question 17

A surviving spouse who chooses the elective share is entitled to

Answer 17

the homestead allowance in addition to the elective share.