Wills Flashcards
A valid will must be executed by a (i) _______ with (ii) _____ and _________.
(i) testator; (ii) intent and capacity
Intestacy will apply when there is (i) no _____, (ii) the will ________ (denied probate), (iii) the will does not dispose of all __________, or (iv) the will _______ orders intestate distribution.
(i) will; (ii) fails; (iii) property; (iv) expressly
In all states, the surviving spouse takes the entire (i) _______ estate if there are no descendants (or no descendants other than descendants also of the serving spouse), and in most states, one-half or one-third if there are descendants.
(i) intestate
Descendants take their share of estate that doesn’t pass to a surviving spouse. In the majority case, descendants inherit (i) ___ _______ with representation. The modern trend is for (ii) ____ ______ at the generation level. The minority rule is strict (iii) ____ _______.
(i) per capita; (ii) per capita; (iii) per stirpes
In general, (i) ____-children have no intestate inheritance rights unless (ii) ______, though there may be adoption by (iii) ______.
(i) step; (ii) adoption; (iii) estoppel
In the majority role, a (i) ________ clause is ineffective if there is partial intestacy, but in a minority of states, the heir is still disclaimed from the intestate estate.
(i) disinheritance
Half of the states have adopted the uniform simultaneous death act, which treats the party as deceased before the other party if he dies within ______-hours of the first party.
120
A lifetime gift can offset an intestate share if there is a (i) ___________ intent at the time of gift, written by the donor (or a will provision), and the (ii) _______ acknowledges the writing.
(i) contemporaneous; (ii) donee
A testator must be (i) _____ year of age, of sound mind, have a (ii) ______ intent to create a will, and it should be in (iii) _______, signed by the (iv) ______.
(i) 18; (ii) present; (iii) writing; (iv) testator
A formally attested will, in addition to the requirements of a basic will, has (i) _______ attesting witnesses.
Two
A (i) ________ will is a will that requires no witnesses, if it is in the (ii) ______ of the testator.
(i) holographic; (ii) handwriting
A revocation of a (i) ______ revokes codicils, though a revocation of a (ii) _____ does not revoke the underlying (iii) _____.
(i) will; (ii) codicil; (iii) will
If a will term is to be incorporated by (i) ___________, the document must be in (ii) ________ at the time the will was executed, sufficiently (iii) ________ in the will, and the will must show an (iv) _______ to incorporate. A signed list of personal property is valid even if executed after the will.
(i) reference; (ii) existence; (iii) described; (iv) intent
The non-probate estate is not disposed of by will, and generally includes (i) ______ insurance, (ii) property passing by a right of _________, and (iii) property in _____.
(i) life; (ii) survivorship; (iii) trust
Divorce or annulment (i) _________ all provisions in favor of a former spouse (and her relatives).
(i) revokes
A will can be revoked by physical act, such as burning, tearing, or obliterating, with an (i) ______ to revoke.
(i) intent
An individual can make a (i) __________ to make a will, not make a will, or to die intestate.
(i) contract
According to the (i) anti-______ statutes, if a predeceased beneficiary dies before the testator, her gift will pass to her descendants.
(i) lapse
(i) _______ is when the property is no longer in the estate. In general, the gift (ii) _______. It applies to specific devises and bequests.
(i) ademption; (ii) fails
A claim of undue influence requires the plaintiff to show (i) _____ was exerted on the testator that (ii) ______ the mind or freewill of the testator, and (iii) the resulting will would not have been made but for the influence.
(i) influence; (ii) overpowered
There is a presumption of undue influence when there is a (i) ______ relationship between the testator and the beneficiary and (ii) the beneficiary participated in the _______ of the will.
(i) confidential; (ii) execution
The executor / administrator must give (i) ______, collect (ii) ________, manage (iii) ___________, pay (iv) _______, and then distribute (v) ________.
(i) notice; (ii) assets; (iii) assets; (iv) creditors; (v) property
The priority of creditors is: (i) ________ expenses, (ii) _______ and last-illness expenses, (iii) family __________, (iv) ___ claims, (v) ________ claims, (vi) ___________, and then all other claims.
(i) administration; (ii) funeral; (iii) allowances; (iv) tax; (v) secured; (vi) judgments
When the estate is insufficient to meet creditor demands, it must be abated. Abatement happens in this order: (i) property passing by ________; (ii) any leftover _______; (iii) _______ legacies; (iv) ________ devises and bequests.
(i) intestacy; (ii) residue; (iii) general; (iv) specific
An (i) _______ clause recites the elements of due execution and is prima facie evidence of those elements.
(i) attestation
On conflict of laws in a will, real property is (i) where ______, personal property is where the testator was (ii) ______ at death.
(i) located; (ii) domiciled
An invalid will cannot be (i) _______ by codicil. Instead, the will might be viewed as being incorporated by reference.
republished
A will must be filed for probate within (i) _____ months
Six
If property is given with liens in a will, those liens are not exonerated unless that is (i) ____-
express
A deed deposited in (i) ______, with delivery condition on the grantor’s death, may be a valid non testamentary transfer. Courts may construe it as a present transfer of a future interest, subject to a life estate of the grantor.
(i) escrow
