Week 2 Class Notes - Test 1 Flashcards
The (1) has resulted in usage of less formal terms in wills, but this can be a problem mixed with (2); plus some states don’t use the UPC.
- Uniform Probate Code
2. judges’ interpretations of wording
It is possible to have a will and die (1) or (2)–usually unintentionally.
- intestate
2. partially intestate
A bequest is a gift of (1)(2) passing under a will.
- specific
2. personal property
A (1) is a gift of personal property referring usually to money. The receiver is a (2). A (3) is a gift of money from a specific source.
- legacy
- legatee
- demonstrative legacy
A devise is a gift of (1). A specific devise refers to a (2). The one receiving this property is the (3)
- real property
- specific property (e.g., vacation home)
- devisee
An heir specifically, formally refers to someone inheriting property through (1)
- intestacy
3 features of resiuary dispositions, which give “rest, remainder and residue” away
- pervent intestacy
- can be used for just real, just personal, or all remainder
- first to abate
Abatement in (1) or (2) of a gift or sum, so that (3) and (4) can be paid
- whole
- part
- debts
- taxes
Order in which abatement will occur to different types of property under the will (by statute and if not specified in will)
- property not disposed of by the will
- residuary devises
- general devises
- specific devises
Another tidbit regarding abatement is that personal representatives can (1) claims against the estate
- negotiate
(1) is property gifted in the will that is no longer in the estate (e.g., was gifted while person was alive). Adeemed property must be (2), and ademption does not apply to property that has just been (3)
- Ademption
- exactly the same as that in the will
- moved (e.g., one lockbox to another)
If property left to a beneficiary in a will is received by that beneficiary before death, this is called (1)
- satisfaction
Anti-lapse statutes prevent property from lapsing because (1). Without this, the property becomes (2) or is passed (3). The testatory can choose to actually (4)
- the beneficiary predeceases the testator
- residuary
- intestate
- provide for the git to lapse
Regarding lapses, AZ’s (1) says that the beneficiary must survive the testator by (2) to receive the gift. Additionally, (3) can be added to wills to specify this same time frame.
- survival code
- 120 days
- survival clauses
(1) is distribution by representation. It eans that grandchildren will take a (2) of the child’s property.
- per stirpes
2. divided share (e.g., if their mom was left 1/3, the two of them take 1/6)
(2) is equal distribution. It means the grandchildren will take (2) as the child’s property. It is very rare.
- Per capita
2. an equal share
(1) has a specific meaning - It refers to the person who inherits PERSONAL PROPERTY from the decedent intestate
Next of kin
(1) is relationship by blood that involves lineal descendants and ascendants–“up and down” relationships. This is what probate courts look to for (2). (3) means blood relationship involving collateral relationships - “sideways” relationships. A (4) is in a lineal relationship two ways.
- Consanguinity (mother, daughter, etc.)
- intestacy
- Affinity
- surviving spouse
(1) are no considered blood relatives of parents as though natural born. (2) children have the same share as whole blood–this is different than adoptive children because you have to actually terminate the rights of bio parents to adopt. (3), if established as such, get an intestate share of property. (4) aren’t as big of a deal because by law you can’t cut them out of your will.
- Adoptive children
- Half blood
- Pretermitted children
- Pretermitted spouses
If you kill someone, you can’t inherit from them.
Homicide Rule
There are both laws and will clauses guiding what to do in case of (1)
- simultaneous death (i.e., make property part of whose estate?)
