Wills

Question 1

Share of the Surviving Spouse

Answer 1

If the decedent is married, the spouse will get everything if the decedent’s parents are deceased and if the decedent did not have children outside of their relationship.

If the decedent’s parents survive the decedent the parents will receive a portion of the estate and the spouse will receive the rest.

If the decedent has children that are not children in common with the spouse, the children will receive a significant portion of the estate. The spouse will receive the rest.

Question 2

Adopted Children

Answer 2

At CL, only blood relations could inherit from an intestate decedent. However, modernly, all states grant adoptive children inheritance rights.

An adopted child generally does not receive an inheritance from the biological parent.

However, if a step-parent adopts a child, the child may inherit from both their biological parents and the and step-parent.

Question 3

Inheritance of Children Born Out of Wedlock

Answer 3

At CL, a non-marital child could not inherit from either parent.

Today, all states grant such children the right to inherit from their mothers and to inherit from their fathers when at least one statutorily defined method of establishing paternity has been satisfied.

Question 4

How is paternity usually established for inheritance purposes?

Answer 4

Paternity usually established through

1. Evidence of subsequent marriage of parents
2. acknowledgment by father
3. adjudication during life of father
4. other clear and convincing evidence

Question 5

Share of Children - Per Capita at Each Generation

(all about fairness)

Answer 5

If the decedent’s spouse and parents do not survive the testator, there are schemes to divide property among the decedent’s children. Under the “per capita at each generation” model, the basic number of shares is determined in the following way:

First, one must identify the first generation where there are issue (children) living.

Second, one share is given for each living issue and one share for each person in that generation who died before the decedent but left issue surviving. If a person died and did not leave any issue, their line is extinct and is not taken into account.

Third, all shares of the deceased persons are then combined into a single share and distributed equally at the next generation level.

Question 6

Share of Children - Per Capita w/ Representation (“Modern Per Stirpes”)

Answer 6

If the decedent’s spouse and parents do not survive the testator, there are schemes to divide property among the decedent’s children. Under the “per capita with representation” or “modern per stirpes” model, the basic number of shares is determined in the following way:

First, one must identify the first generation where there are issue (children) living.

Second, one share is given for each living issue and one share for each person in that generation who died before the decedent but left the issue surviving. If a person died and did not leave any issue, their line is extinct and is not taken into account.

Third, each deceased person’s share is passed on to their issue.

Question 7

Validity of a Will

Answer 7

A will is valid if specific state formalities are followed.

Question 8

1. In a writing
2. Signed by testator or proxy
3. With the present testamentary intent that doc is is will
4. Signed/witnessed by at least two witnesses in T’s presence in a reasonable time

Many also require testator be 18+

Question 9

Does a will have to be in writing?

Answer 9

Yes. Will must be in writing.

Oral Wills are not recognized under the UPC or in most states

Question 10

What counts as a signature on a will?

Answer 10

Anything intended to be signature qualifies (nicknames, X, etc.)

UPC - T may sign anywhere on document and whole Will will be valid

Question 11

UPC/Majority Standard

Signatures

Answer 11

Conscious Presence of Signature aka w/in range of Testator’s senses, not necessarily in line of sight (just so long as can see and hear)

Question 12

Minority Signature

Answer 12

Line of Sight - proxy sig only valid if T can see proxy signer and witnesses sign will

Question 13

Testamentary Intent

Testator __________ intended to (1) make a ___________ of property that (2) would be _____________ by the ______________ in question and (3) become _________ upon Testator’s ______.

This is usually established by provisions in the will (“I, Testator X, hereby declare that this is my last will”)

______________ evidence is allowed to prove requisite intent or lack thereof.

Answer 13

Testamentary Intent

Testator presently intended to (1) make a disposition of property that (2) would be governed by the instrument in question and (3) become effective upon Testator’s death.

This is usually established by provisions in the will (“I, Testator X, hereby declare that this is my last will”)

Extrinsic evidence is allowed to prove requisite intent or lack thereof.

Question 14

Interested Witnesses

(those who receive property under a will)

CL

Answer 14

Will = invalid if Ws are not disinterested

Question 15

Interested Witnesses

(those who receive property under a will)

Modern

Answer 15

Will still valid but some states say can’t take bequest.

Exceptions:

(a) will witnessed by 3+ Ws and would have been valid w/o interested W
(b) will republished by codicil + disinterested W witnessed codicil;
(c) if interested W also heir, would forfeit only so much as bequest exceeds what intestate share would have been

Question 16

Interested Witnesses

(those who receive property under a will)

UPC

Answer 16

Disinterested Ws do not invalidate will or any provision of it under UPC.

Can take bequest.

Question 17

What’s a holographic will?

Answer 17

Unwitnessed wills

Valid Under UPC if:

(1) Testator signs will; AND
(2) Material portions are in testator’s handwriting

Question 18

When state requires that a will be subscribed/published, what does that mean?

Answer 18

T must sign @ end of will

Question 19

Integration

Answer 19

Doctrine that permits separate papers to become a single will

Elements (UPC):

(1) Physical Presence - Pages physically present at the time when T and Ws signed the last pg of will

AND (2) Intent of Inclusion - Intended to be Part of the Will via

(a) Physical Connection (aka staples)

OR

(b) Logical Connection (aka Internal Coherence)

Question 20

What is a Codicil?

Answer 20

A supplement to a will the modifies it, adds to it, explains it, or revokes it. Generally, a codicil must be executed in compliance with will formalities

Question 21

If a codicil republishes the will to which it refers…

Answer 21

The original will is treated as if it was written on the date the codicil was executed

Republictioncan cure defects that might otherwise affect the validity of bequests made under the will. However, most states say that a document that is not a valid will to begin with cannot be republished by codicil.

Question 22

To the extent that the codicil is inconsistent with the will, which controls?

Answer 22

The Codicil

Question 23

What happens to a codicil when a will is revoked? What happens to a will when a codicil is revoked?

Answer 23

Revoking a will revokes all codicils. But revoking a codicil does not revoke a will.

Question 24

Incorporation by Reference

Answer 24

A writing that is not valid as a will,

but is in existence when a will is executed

may be incorporated by reference into the will

if the will manifests an intent to incorporate the writing and

the _writing to be incorporated is identified w/ reasonable certai_nty

Question 25

**Disclaimer** One may disclaim an interest that otherwise would pass to them from a decedent to a decedent’s estate Requirements: must be (1) \_\_\_\_\_\_\_\_\_\_, (2) \_\_\_\_\_\_\_\_\_\_\_\_\_\_, and (3) filed w/in __ months of D’s death Effect = \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Answer 25

**Disclaimer** One may disclaim an interest that otherwise would pass to them from a decedent to a decedent’s estate Requirements: must be (1) in writing, (2) irrevocable, and (3) filed w/in 9 months of D’s death Effect = interest passses as if disclaiming party predeceased D

Question 26

**_Simultaneous Death Statute_** An heir or beneficiary must be alive at the time of the testator's death. Under the revised **Uniform Simultaneous Death Act (USDA)**, an individual who is not established by ________ and ___________ evidence to have survived the decedent by ____ hours is deemed to have __________ the decedent and cannot \_\_\_\_\_\_\_\_\_

Answer 26

**_Simultaneous Death Statute_** An heir or beneficiary must be alive at the time of the testator's death. Under the revised Uniform Simultaneous Death Act (USDA), an individual who is not established by ***clear*** and ***convincing*** evidence to have survived the decedent by **120** hours is deemed to have ***predeceased*** the decedent and cannot take as an heir

Question 27

Acts of Independent Significance

Answer 27

A will may provide for the designation of a beneficiary or the amount of a disposition by reference to some future unattested act occurring after execution of the will Valid so long as act or event has some independent significance other than providing gift in will e.g., Identification of a beneficiary or property or amount of a gift in will

Question 28

Contractual Wills

Answer 28

- Ordinarily, Ks to make a will must be made in writing (some states use SoF) - UPC → existence of joint will does not by itself establish K between two testators to dispose of their property in a certain way. K to make a will may be est by (1) provisions of a will stating material portions of K; (2) an express reference in a will to a K and extrinsic evidence proving the terms; or (3) a writing signed by the decedent evidencing a K - Execution of mutual wills does not create a presumption of a K not to revoke the will/wills Effect of K will = if 2 Ts have executed contractual wills, either may revoke the will during their joint lifetimes if notice given to other person. UPC doesn't have a provision regarding the revocation of will, so if revoking testator dies first, all survivng testator can do is change their own will moving forward.

Question 29

Conditional Wills:

Answer 29

Go into effect when a certain act or conditions happen Death of testator is not a “condition” in this sense Probated only of conditions are satisfied Can be a formal or holographic will Most courts will really want to look at express language in the will b/c if language makes clearly conditional, won’t probate. If unclear, crt usually probates (interpretation = dangerous event simply motivated testator to make the will) \*Pay attn to facts to see if something cry could probate - Didn’t destroy will after surviving whatever they feared would happen; Only will that’s there, otherwise intestate

Question 30

How does the UPC handle incorporation by reference?

Answer 30

UPC → tangible personal property list. Signed memo w/ list of assets. Flexibility w/ timing. Doc does not have to exist @ time of will and can be created, modified thereafter. Can’t use to dispose of money

Question 31

**Revocation of Will** Any testator with ________ can revoke their will in _______ or in _______ by _________ will or by _________ act at any time prior to \_\_\_\_\_\_\_\_\_\_\_

Answer 31

Any testator with ***capacity*** can revoke their will in ***whole*** or in ***part*** by ***subsequent*** will or by ***revocatory*** act at any time prior to ***death***

Question 32

What is dependent relative revocation?

Answer 32

A first will is not revoked if a later will is found invalid. If T revokes a will or bequest based on mistaken assumption of law or fact, revocation of will is ineffective if it appears the T would not have revoked the bequest has he had accurate info. Court disregards a revocation that was done to create an alternative disposition to the OG will, but was based on a mistake of fact or law (e.g. didn't follow will reqs). Court will apply DRR and revive revoked will if doing so would come closer to giving the effect to what T tried, but failed, to do than would intestate succession. *e.g. T drafts will that leaves $20k to sister. Later, crosses out $20k and leaves $40k (which was invalid b/c not witnessed or signed by T). Clearly not T's intent to leave sister w/ nothing, so $20k stands. However, if T drafts will leaving bookcase and crosses out and says motorcycle, sister left with nothing b/c crt probs can't apply dependent relative revocation b/c lack of sufficiently close identity.*

Question 33

Revocation by Physical Act

Answer 33

A testator may revoke their will or a part of it by performing a revocatory act w/ the simultaneous intent to revoke all or part of it. This can be done by another person in the Testator’s conscious presence & by Testator’s direction. The burden of proof is on the person trying to establish that will was revoked to prove it was revoked. If T made several copies, revoking 1 revokes all CL → words of cancellation had to “touch” the words of the will UPC/Most States → CL rule doesn’t apply (e.g. could write “I no longer want this to be my will” on back of will) **Partial Revocation by Physical Act:** Most states and the UPC specifically authorize partial revocation by physical act

Question 34

Physical Acts that Cause Revocation Include...

Answer 34

Destroying Burning Tearing Obliterating Cancellation Interlineation

Question 35

Revocation due to Changed Circumstances

Question 36

Presumption of Revocation

Answer 36

If will in T’s possession and ctrl but not found after death or found mutilated after death, some jdxns say there is a rebuttable presumption that will was revoked that can be rebutted by evidence that indicates otherwise

Question 37

Partial Revocation

Answer 37

Most states and the UPC specifically authorize partial revocation by physical act Can occur when there is a valid subsequent instrument that revokes only certain bequests but not the whole will When a will is found w/ marks of cancellation, a rebuttable presumption arises that such marks were made by the testator w/ intent to revoke.

Question 38

When does the concept of revival come into play?

Answer 38

Testator executes will 1, then executes will 2, which revokes will 1. Testator then revokes will 2 by physical act

Question 39

Common Law Revival

Answer 39

Revocation of second will revives first will. Exception = not revived if T’s statements or other ev make clear T did not intend to revive prior will

Question 40

Majority Rule - Revival

Answer 40

Revocation of second will does not revive first will (one must re-execute first will)

Question 41

Revival - Some States/UPC

Answer 41

Revocation of second will does not revive the earlier will unless evident that the testator intended the previous will to take effect as executed.

Question 42

Re-Execution of Will

Answer 42

A revoked will may be re-executed by a subsequent will or codicil if testamentary formalities are satisfied

Question 43

When does a will take effect?

Answer 43

A will “speaks at death” -will read at death and meaning is given to words then

Question 44

What happens to a gift if beneficiary is deceased?

Answer 44

One cannot give a gift to a dead person. If a beneficiary does not survive the T, the gift to the beneficiary will “lapse” or fail and fall into the residuary of the estate

Question 45

What's an anti-lapse statute?

Answer 45

All states have these. -Default = if a beneficiary dies before T and was both related by blood to the T w/in a certain degree of relationship and had issue who survived the T, deceased beneficiary is “saved” from lapse and beneficiary’s issue will take in lieu of deceased beneficiary. It won’t save a gift to a spouse in most states. Statute will not apply if will instructs otherwise-crt will look @ testator’s intent to determine whether to apply statute.

Question 46

How does the UPC handle anti-lapse statutes?

Answer 46

Survivorship language (“if he survives me”) not enough to override the application of anti-lapse statute. Courts need more evidence of clear intent

Question 47

Failure of a Residuary Bequest When residuary bequest fails, does the invalidated share pass to T’s heirs or to the remaining residuary legatees?

Answer 47

CL → invalid share passes to T’s heirs via intestacy UPC/modern → give any failed gift to residuary

Question 48

Anti-Lapse Statutes and Class Gifts

Answer 48

Class Gifts → if will makes gift to class and a class member predeceases T, surviving class members take predeceased’s gift absent alternative provision in will. — BUT If anti-lapse statute applies to the predeceasing class member (was relative + has issue), gift vests in predeceased’s descendants, not the class.

Question 49

What's addemption? When does "ademption" come into play?

Answer 49

Addemption = reduction Comes into play when gift fails because property no longer exists in T’s estate @ death - Only applies to specific gifts that are satisfied only by giving the actual described property - Some states will allow for sub property if beneficiary proves T intended them to receive it - Not applicable to general devise (gift of dollar amount payable from estate’s assets) or demonstrative devise(gen amnt IDing some asset as a source of payment [e.g., stock]). - When gen gift fails, estate generally must sell off other prop to satisfy the gift.

Question 50

Ademption: Unpaid Insurance Proceeds

Answer 50

If prop destroyed by fire or lost by theft and insurance proceeds are paid to executor of estate after death of testator, some crts hold that those insurance proceeds should be paid to the beneficiary as a substitute for the specifically devised property (also applies to condemnation awards after death)

Question 51

Ademption - Conservator Gifts

Answer 51

There is no ademption if the conservator, acting on behalf of legally incompetant person, sells an asset that is the subject matter of a specific bequest in the incompetent person’s will

Question 52

Intent Theory of Ademption and Effect

Answer 52

In some states, adeemed gifts may be saved if evidence establishes that ademption would be inconsistent w/ testator’s intent Effect → beneficiary gets monetary value of that specific bequest or gets property that was acquired as a replacement for the adeemed gift.

Question 53

Accretions

Answer 53

Increase in value (usually due to stock splits) CL → a beneficiary who is given common stock was entitled to additional shares of that stock obtained by T through a stock split , but not to additional shares acquired as a stock dividend Modern → all jdxns treat stock splits and dividends the same way

Question 54

CL Exoneration

Answer 54

Under CL, if there was a mortgage on real prop bequeathed to a person, that person was entitled to have the mortgage paid from the estate as a debt of the decedent unless there was evidence of contrary intent on the part of the testator

Question 55

Majority/UPC Exoneration

Answer 55

Majority/UPC → beneficiary of an encumbered property takes it subject to the mortgage. Gurther, general directives to “pay all debts” is not enough to show intent to exonerate the devisee of specifically devised property

Question 56

Slayer Statute & Standard

Answer 56

An individual who feloniously and intentionally kills or is convicted of committing abuse, neglect, or exploitation with respect to the decedent forfeits all benefits with respect to the decedent’s estate Standard = preponderance of evidence (NOT BARD)

Question 57

Slayer Statute Exceptions

Answer 57

If an individual accidentally kills decedent, slayer statute doesn’t bar gift If slayer murdered someone other than decedent, slayer statute doesn’t apply. If decedent executed instrument after date of conviction expressing a specific intent to allow felon to inherit/receive prop, slayer doesn’t apply.

Question 58

WTF is Abatement?

Answer 58

When the assets of an estate are insufficient to give all of the gifts under someone’s will, then the gifts to the beneficiaries will have to be reduced (or abated). -Abatement in each each category is pro rata Steps: (1) classify; (2) abate (reduce) them in order equally

Question 59

Classify and Order Testamentary Bequests for Abatement

Answer 59

**Testamentary bequests abate in the following order** 1. Intestate property (property not disposed of in the will) 2. Residuary gifts (“all the rest and residue of my estate goes to…”) 3. General gifts (gift of fixed dollar amount) 4. Demonstrative gifts (gifts of fixed dollar amount with specific instructions or from particular fund) 5. Specific gifts (identifiable property; e.g. “my ring”)

Question 60

How were Class Gifts handles under the CL?

Answer 60

Gift to class implied a survivorship condition w/ result that only those members who survived testator shared in gift

Question 61

How does the UPC handle class gifts?

Answer 61

Gift will not lapse if beneficiary is related to the testator and leaves issue. Instead, gift will go to the issue unless T expressly states that an anti-lapse statute shouldn’t apply

Question 62

What are class gifts?

Answer 62

Gifts given to unnamed people

Question 63

Standing to Contest a Will

Answer 63

Wills can only be contested by persons who have a pecuiniary interest Beneficiaries, someone who should be beneficiary Someone who would be better off financially if the will were denied probate than they would be if the will were admitted to probate. *e.g. daughter of T could challenge but T’s grandchild (child of daughter) couldn’t b/c child always takes to the exclusion of her own descendents*

Question 64

Reasons to Contest a Will

Answer 64

1. Age Requirement 2. Testamentary Intent 3. Mental Capacity/Insane Delusion 4. Undue Influence 5. Fraud 6. Mistake

Question 65

What's a no-contest clause?

Answer 65

A clause that states that if someone contests the will, that person will not take under it

Question 66

Are no-constest clauses enforceable?

Answer 66

UPC/Most States → clause enforceable unless PC exists for challenging a will (PC defined objectively – good faith belief not enough if no reas basis for it, but reliance on the advice of counsel suffices if it was sought in good faith after full disclosure of facts) Minority → no-contest clause = invalid as a matter of public policy

Question 67

**_Undue Influence_** If the wrongdoer exerted such influence over the donor that it ***\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_*** and caused donor to ***\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_*** _Elements_: (1) S\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (2) O\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (3) D\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (4) A\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Answer 67

**_Undue Influence_** If the wrongdoer exerted such influence over the donor that it ***overcame donor’s free will*** and caused donor to ***make a donative transfer that she would not have otherwise made*** _Elements_: (1) Susceptible Testator (Financial, Physical, Psychological, etc.) (2) Opportunity to Influence (3) Disposition or Motive to Exert Influence (4) Appears to be a product of undue influence (e.g., person with no relationship w/ testator takes under will)

Question 68

When is there a Presumption of Undue Influence?

Answer 68

(1) If person in confidential relationship w/ testator actively participates in procuring a will in that person’s favor and (2) Suspicious circumstances surround the drafting of the will Effect: Only part of Will affect is invalid Applies to the following relationships: Attorney-Client Doctor-Patient Guardian-Ward Trustee-Beneficiary Member of Clergy Husband & Wife = NO Confidential Relationship

Question 69

Fraud Elements

Answer 69

1. Misrepresentation of Material Fact to the Testator 2. Known to be False by the Wrongdoer when made 3. For the Purpose of Inducing Action or Omission 4. Actually Induces Action or Omission

Question 70

What is Fraud in the Execution?

Answer 70

(a) Forging signature or (b) Testator signs document under belief that it is non-testamentary in nature = Entire Will is INVALID Effect: Intestate Succession Unless Prior Valid Will

Question 71

What is Fraud in the Inducement?

Answer 71

Wrongdoer’s Misrepresentation of Material fact affects contents of will = only part of will INVALID Effect: Residuary Clause, Intestate Succession, or Constructive Trust

Question 72

Duress

Answer 72

If the wrongdoer threatened to perform or did perform a wrongful act that coerced the donor into making a donative transfer that she would not have otherwise made

Question 73

Mistake as to Nature of Instrument/Execution

Answer 73

Extrinsic evidence may be permitted to show that testator was mistaken as to the nature of the instrument signed (e.g. didn't know he was signing his will). Mistake may nullify the testamentary intent requirement

Question 74

Mistake in Inducement

Answer 74

No relief available if a mistake relates to the reason testator made a will or made (or didn't make) a gift in the will. Relief may be available if there is a separate ground for contesting the will (e.g. fraud, undue influence)

Question 75

Mistaken Ommission

Answer 75

No relief is available and no extrinsic evidence is admissible to show that a will mistakenly ommitted a provision or contains provisions that do not reflect testator's intent Relief may be available if there is a separate ground for contesting the will (e.g., fraud, undue influence, etc.)

Question 76

UPC Reformation for a Mistake

Answer 76

UPC allows a court to reform terms of a will to conform to testator's intent Must be show by clear and convincing evidence that a mistake of law or fact affected the will and testator's intent

Question 77

Non-Probate Transfers

Answer 77

These are gifts transferred outside of the will (usually inter vivos gifts, or gifts that pass automatically on death regardless of any provisions in a will)

Question 78

Non-Probate Transfers - Inter Vivos Gifts

Answer 78

A gift given by a living person to another living person. Requirements: (1) ***present intent to give a gift***; (2) ***delivery*** (crts require physical delivery but will allow constructive delivery if gift cannot physically be delivered to the donee at the time donor wishes to complete the gift); and (3) ***acceptance*** (presumed if gift is of value) Once an inter vivos gift is made, it cannot be revoked

Question 79

Non-Probate Transfer - Joint Tenant Bank Account

Answer 79

A surviving joint tenant is generally entitled to money in a jointly-held account when the other joint tenant dies. Usually arises where account is in the name of 2+ people w/ the "right of survivorship" CANNOT be revoked by will

Question 80

Non-Probate Transfer - Totten Trust

Question 81

Non-Probate Transfer - Life Insurance

Answer 81

K made between policyholder and insurance company under which beneficiary is named. Unless K provides otherwise, policyholder cannot change the beneficiary through a provision in their will.

Question 82

Pretermitted child

Answer 82

A pretermitted child is one that is not named in the will because the child was born after the will was written. Many states have ”pretermitted child” statutes aimed at ensuring that children born after the execution of a will aren not inadvertently disinherited. This does not protect children born before the will is executed. If a testator _had no children_ when executing the will - the child generally receives an intestate share. If T _had children_ when executing will - pretermitted child is entitled to share in the gift of the other then-living children

Question 83

Spouse's Forced or Elective Shares

Answer 83

If a surviving spouse doesn’t like what they are given in a will (e.g., doesn’t include, gives minimal assets), they can “elect against” the will. If she elects against the will, she will receive her “elective share,” which is a fraction of the estate–usually about ⅓ or ½ of the “augmented” estate. Not automatic → must be made w/in **6 months** **UPC →** bases share, in part, on how long couple has been married

Question 84

Assets Subject to share under augmented estate

Answer 84

**UPC/some states will take into account:** - _Decedent’s net probate estate_ (does not include property given to a trust) - _Decedent’s nonprobate transfers to others besides the surviving spouse_ - _Decedent’s nonprobate transfers to the surviving spouse_ - _Surviving spouse’s property_ and _nonprobate transfers to others_

Question 85

Spouse's Waiver of Elected Share

Answer 85

A spouse can waive the right of election by prenuptial agreement so long as there was full disclosure of assets. However, a prenup waiving rights a spouse might have does not preclude a surviving spouse form taking a gft that was voluntarily devised by the deceased’s spouse

Question 86

Living Will

Answer 86

A written statement that describes an adult's desires regarding their medical treatment in circumstances where they are no longer able to express informed consent. It generally specifies life-sustaining and pain-alleviating measures.

Question 87

Durable healthcare power of attorney

Answer 87

**Principal appoints an agent to make healthcare decisions on their behalf** - Becomes effective only if principal is incapacitated - Extends to all healthcare questions unless otherwise limited - If no durable power of attorney, then most states allow close relatives to act as surrogate decision-makers Generally, agent must act in good faith in following the instructions in the document and they are typically immunized from civil liability for healthcare decisions made in good faith.

Question 88

CONFLICTS Which law governs the distribution of property? Personal Property? Real Property?

Answer 88

Personal prop → where decedent was domiciled @ death Real Property → where the property is (law of the situs)