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FBE > Wills > Flashcards

Wills Flashcards

1
Q

Per Stirpes Order

A

First: Descendants
Second: Parents.
Third: Siblings and their Desc.
Fourth: Grandparents and their Desc (cousins, aunts, uncles, etc).

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2
Q

Out-of-Wedlock Father

A

(i). Marriage ceremony before/after birth; (ii) Adjudicated as parent before or after father’s death; (iii) father acknowledges paternity in writing.

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3
Q

Half-Blood

A

Full Blood - 2 Shares b/c 2 parents
Half - 1 Share b/c 1 parent

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4
Q

Florida Simultaneous Death

A

No timing requirement for heir to survive. Briefest period is fine to establish death order.

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5
Q

Advancements

A

Declared in Contemp. Writing or acknowledged in writing by heir.

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6
Q

Hotchpot

A

Advancement is added to entirety of estate when dividing it up.

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7
Q

No _____ Will

A

Holo or Oral

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8
Q

Signing the Will by Testator

A

(i) At the end; (ii) No full name nec; (iii) order of sig doesn’t matter; (iv) conscious presence. Order of sigs doesn’t matter

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9
Q

Witnesses Knowledge of Will:

A

Doesn’t have to read or even be aware item is a will.

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10
Q

Witness Signature Info

A

(i) Witnesses don’t need to see testator sign will; (ii) Placement of sigs irrelevant; (iii) Wits have to sign in each other’s presence.

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11
Q

Witness Interest/Age

A

Doesn’t matter for either. - Except Unrelated attorney can’t take a devise from it.

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12
Q

Electronic Wills

A

Zoom is fine. - Requires (i) one party online be a notary; (ii) parties authenticated; (iii) Witness hears signer make ack that the signer has signed the record; (iv) Supervision rules adhered to

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13
Q

Codicils from other states

A

Fine

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14
Q

Self-Proving Affs

A

Fine as witness sig if aff signed at same time as will

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15
Q

Pour Over (will to trust)

A

Only good if trust was executed prior to or concurrently with will.

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16
Q

Totten Trusts

A

Not estate asset. Because revocable and depositor can withdraw at any time

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17
Q

Life Insurance Policies ______

A

Govern.

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18
Q

Divorce Kills

A

Will, LI policies, death securities, etc.

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19
Q

Revocation

A

Present Intent; Sub Item done with same formalities as will (codicils); instrument identifies will

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20
Q

How to Revoke

A

Any matter of destruction. Partial Destruction or Lost Will counts as revocation. Third party can revoke if in presence (no phone jazz).

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21
Q

Preter Spouse

A

Gets intestate share UNLESS: (i) provision was made for spouse or waived by spouse; (ii) testator made gift in will regarding spouse; (iii). testator makes disclosure not to make provision for spouse.

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22
Q

Preter Child

A

Gets intestate share UNLESS (i) will discloses intentional omission; (ii) all property was previously given to parent of preter child; (iii) child got property that would equal child’s share.

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23
Q

Codicil Revo

A

Does not revoke will.

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24
Q

Re-execution of will after toast

A

Can be necro’d if done the same way as a will. (two witnesses, etc). New codicil can also revive previous will when expressly refers to first

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25
Q

Lost/Destroyed Will Presumption Overcome

A

(i) two disinterested witnesses if just dealing with contents; or (ii) one disinterested party if copy is found somewhere.

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26
Q

Devise Types:

A

(i). Specific - Direct Item (car); (ii) General - personal property from general assets (100k); (iii) Demonstrative - Money from Direct Account, then after general account; (iv) Residuary - Rest/Residue.

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27
Q

Property Lists of Small Items

A

Fine - Most Recent List is used.

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28
Q

Lapse/Anti-Lapse

A

Goes back to original pool if lapse unless contrary statement is provided in the will.

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29
Q

Class Gift

A

Only remaining class members get it.

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30
Q

Florida Anti-Ademption

A

Party gets whatever is left from it, proceeds, insurance payouts, etc.

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31
Q

Lien Exoneration

A

Not automatically exonerated unless specifically stated in will.

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32
Q

Elective Share

A

30% by surviving spouse. Deadline is 6 months after notice of administration or within 2 years of the debt.

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33
Q

Proof Standard for Slayer Statute

A

Greater weight in absence of conviction

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34
Q

Challenging Marriage Fraud

A

Preponderance of Evidence - 4 Year SOL

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35
Q

Disclaiming Property

A

In writing unless: (i) Bene accepts; (ii) bene assigns/conveys; (iii) interest sold at judicial sale; (iv) bene is insolvent when disc becomes irrevocable.

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36
Q

Will Contest BoP

A

BoP on proponent of will first, then shifts.

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37
Q

Testamentary Capacity

A

18+ and sane.

38
Q

Undue Influence BoP

A

On the person attempting to prove Undue Influence at time of execution/revocation

39
Q

Will Mistake - What Happens?

A

Only that part of the will is revoked.

40
Q

Other Will Mistakes - What Happens?

A

Interested parties can apply to reform. Court can do so also.

41
Q

No-Contest Clauses are ______

A

Invalid in Florida

42
Q

Missing People Timing

A

Continuous absence of five years.

43
Q

Will Probate Timing

A

Within 10 days after receiving info person is dead.

44
Q

Caveat - New

A

Person HAS TO BE DEAD for Creditor
Interested parties who are not creditors can file early. Lasts for 2 years

45
Q

PR Notice to Parties

A

(i) Surviving Spouse; (ii) benes; (iii) trust bene/trustees; (iv) any entitled parties for exempt property

46
Q

PR Qualifications

A

(i) 18+; sane; no felonies; Florida Resident

47
Q

PR Quals Non-Florida Resident

A

(i) adoptive child or parent; (ii) lineally related; (iii) any cosanguine relative; (iv) spouse of any of the previously stated parties.

48
Q

PR Preference Order - Testate

A

(i) Designated in will; (ii) majority selection by persons entitled to administer; (iii) Devisee under will

49
Q

PR Preference Order - Intestate

A

(i) Surviving Spouse; (ii) majority selection; (iii) heir nearest in degree.

50
Q

Creditor Claim Order

A

(i) Attorneys/Admin costs first; (ii) Funeral shit; (iii) Debts/Taxes - Feds get first; (iv) Medical/Hospital expenses; (v) family; (vi) child support; (vii) after death debts. [When money runs out, successive groups get pro rata]

51
Q

Notice to Creditors

A

Once a week for two weeks.

52
Q

Personal Service to Creditors

A

Serve copy to creditors within three months after first publication - Unless (i) claim was paid; (ii) creditor already filed; (ii) creditor already listed.

53
Q

Creditors for Mortgages/Liens

A

Don’t need notice

54
Q

Summary Admin

A

75k or less or party has been dead for at least 2 years.

55
Q

Intestate Order

A

Down, Up (Parents), Right (Siblings), Up (Grand P), A (Aunts/Uncles)

56
Q

Waiver of Rights - Remaining Spouse

A

Two witnesses. Out of State agreements valid if legal in that state.

57
Q

Probate Location

A

County of residence

58
Q

PR pay off time.

A

Within one year, court can extend. Can’t be forced to pay earlier than 5 months after initial notice to creditors.

59
Q

Debtor death before debtee

A

Debtee and their estate doesn’t have to pay. Unsure, but general rule for this.

60
Q

Devising only personal property

A

Does not require formal proceedings or administration.

61
Q

Elective Estate Includes

A

Probate Estate + additional assets outside probate estate.

62
Q

Adopted cannot inherit through

A

Bio parents - except when adopted by spouse of bio parent, adoption by close relative after death of bio.

63
Q

PR can refuse

A

to perform on dead’s contracts when proper.

64
Q

PR has to

A

File taxes, et cetera. Has same fiduciary duty as trustee. (Not paying taxes question, weird nonsense)

65
Q

Notice to creditors requires

A

File name, dead’s name, date of first publication (Does not require date of death)

66
Q

“Acts & Events”

A

significance apart from their effect on dispos made by will.

67
Q

Self-proved wills

A

May be admitted to probate without further proof.

68
Q

Encumbrance Payment

A

No residual to pay for it unless stated in will. Same as general rule.

69
Q

Elective Shares Include

A

Share + Homestead (if applicable), exempt property, and allowances

70
Q

Suit/Proposal to Compromise

A

Absolves PR of liability if agreed upon. Court order for this. Comps can’t be made until after time for filing objections to claims has expired.

71
Q

Separate writing for business/trade.

A

Can’t do it (refers to addendum lists for trinkets)

72
Q

Anti-Ademption

A

“right to general pecuniary devise.”

73
Q

Election on Homestead can be made by

A

Spouse, Attorney in Fact, guardian of the property of surviving spouse.

74
Q

Agreements to not do shit (revoke, make) must

A

Be in writing, signed by agreeing parties in presence of two witnesses.

75
Q

Substitute gift not created for

A

Devisee that is descendant of the testator’s grand parent

76
Q

PR liability when attorney fucks up notice.

A

Still liable because PR has to make sure notice is given…eh..

77
Q

Surrendering devise by PR - Timing

A

Until after expiration of 5 months from granting of letters. - except when otherwise stated in will.

78
Q

PR respo for storage and delivery

A

Has to reasonable storage expenses/delivery fees/insurance for items.

79
Q

Demo devises turning into

A

General devises when payment insufficiencies from previous general.

80
Q

Oral Trusts

A

Fine unless property

81
Q

Charitable

A

No specific people, just cause/charity, perpetual.

82
Q

Pour over trusts must be

A

In writing

83
Q

Banks can be

A

Trustees. As long as enumerated.

84
Q

Trustee can be

A

Beneficiary, but not sole.

85
Q

Trustee resignation

A

30d notice or court approval

86
Q

If trustee fucks up

A

Can ratify (forgive) or sue for “surcharge” full amount lost

87
Q

Trustees don’t need to be

A

Replaced (as long as there is at least one)

88
Q

Convey and Trustee - who owns property

A

Trustee does unless spec stated otherwise.

89
Q

Modifying Irrevocable trust w/o court

A

Everyone’s approval + settlor must be dead.

90
Q

Destroying/Revocation

A

Must be done in front of party’s presence. Can have someone else do this, but above rule still applies. No matter what.

FBE (13 decks)

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