Wills

Question 1

T makes a will and at the time he makes it includes a handwritten provision below his signature line. Effect?

Answer 1

Entire will is invalid.

Question 2

Testator leaves all property “to my two children , A & B in equal shares.” B has two children of her own, C and D. B dies before Testator. What result?

Answer 2

A takes 1/2 of the estate and C & D each take a 1/4 share, under the antilapse statute. B is a predeceasing beneficiary. She is T’s daughter so she is a descendant of T’s grandparents and falls within coverage of the statute. B left two surviving descendants, C & D, who are substituted to take her share.

Question 3

What is the anti-lapse statute?

Answer 3

Generally, if a will beneficiary dies during T’s lifetime, the gift to that beneficiary lapses. However, under FL’s anti-lapse statute, if the predeceasing beneficiary is a grandparent or descendant of grandparent of T and left descendants who survive T, the gift is saved.

Question 4

What are the 3 presence requirements for a FL will?

Answer 4

(1) T must sign in presence of 2 witnesses (at same time) or acknowledge her previous signature
(2) 2 witnesses must sign in T’s presence and
(3) 2 witnesses must sign in each other’s presence

Question 5

Does a testator need to sign in a witness’ presence?

Answer 5

T can acknowledge his previous signature instead of signing in front of the witnesses.

Question 6

In Florida, where a person dies intestate without a spouse with children…

Answer 6

the entire estate passes to decedent’s children equally, with descendants of deceased children taking their share by representations (per stirpes distribution). If decedent not survived by descendants, entire estate passes to decedent’s parents.

Question 7

Which nonresidents are qualified to serve as a personal rep?

Answer 7

the person must be a relative (or spouse of a relative) of decedent or her spouse.

Question 8

If a decedent left a will, the order of preference for personal representative appointment is:

Answer 8

1. person nominated in will
2. person selected by majority interest of person’s entitled to estate and
3. devisee under the will

Question 9

What qualifications for FL residents to be PRs?

Answer 9

1. 18 or older
2. mental capacity
3. never been convicted of felony and
4. resident of florida

Question 10

Some form of administration is required when…

Answer 10

the estate includes real property

Question 11

When is ancilliary administration available?

Answer 11

When nonresident dies leaving assets in Florida

Question 12

When is summary administration available?

Answer 12

When the value of the entire estate subject to administration, less the value of property exempt from claims of creditors, is 75k or less.

Question 13

What is the uniform simultaneous death act?

Answer 13

when disposition of property depends on order of death and there is insufficient evidence that the persons have died other than at the same time, property of each is disposed of as if that person survived. However, no one is compelled to have the statute’s presumption apply to her estate if a contrary intention appears in the governing instrument.

Question 14

What is the doctrine of dependent relative?

Answer 14

An equity type doctrine under which a court may disregard a revocation if it determines that the act of revocation was premised on mistake of law or fact and would not have occurred but for the testator’s mistaken belief that another disposition of property was valid. Only use this when disregarding a revocation comes closer to effectuating T’s intent than intestacy.

Question 15

What is required to incorporate a document by reference into a will?

Answer 15

1. doc must be in existence at time will executed EXCEPT for a written list of tangible personal prop if signed by T.
2. will must sufficiently describe writing to permit ID
3. will must manifest intent to incorporate doc

Question 16

When can a testator incorporate a document by reference in a will even though that document wasn’t in existence at the time the will was executed?

Answer 16

Generally, a document can only be incorporated by reference into a will if
(1) it exists at time of execution
(2) it’s sufficiently described in will to permit ID and
(3) will manifests intent to incorporate document

Exception: A will may refer to a list specifying the distribution of items of tangible personal property and write or alter that list later. The writing must be signed by the testator and describe the items and devisees with reasonable certainty. It may be altered after its preparation .

Question 17

A creditor served with a copy of the notice of administration must file claims with court…

Answer 17

before the later of
1. three months after date of first publication of notice of admin OR
2. 30 days after date of svc of notice.

Question 18

Can a court reopen administration of a will?

Answer 18

Once the estate is completely administered and the PR discharged, admin will NOT be reopened upon discovery of a later will.

Question 19

What is the general rule regarding joint personal representatives?

Answer 19

They may take action if there is a concurrence of the majority of them.

Question 20

When does the general rule regarding joint personal representatives not apply? (i.e. the rule that the majority must agree to any act)

Answer 20

1. if will provides otherwise
2. emergency action is required to preserve estate and concurrence of others can’t readily be obtained or
3. one PR is delegated to act for others.

Question 21

Three joint representatives are assigned to a will. Two of them want to sell stock but the third does not and puts his dissent in writing. The two sell the stock anyhow, against financial counsel. What result if a beneficiary sues?

Answer 21

The two joint reps that wanted to sell will be held liable. A PR is not liable for the consequences of an act in which he joins at the direction of the majority of the joint PRs if he expresses his dissent in writing at or before the action.

Question 22

A PR takes the advice of an accountant to sell stocks. It turns out to result in massive loss. If beneficiary sues, what result?

Answer 22

The PR wont be liable. A PR can rely on advice of professionals without independent investigation. If the advice turns out to be bad, the PR isn’t liable for any resulting loss as long as he acted prudently in employing and taking advice of professional.

Question 23

When is the right to disclaim an interest barred?

Answer 23

1. if B accepts prop or benefits
2. B voluntarily assigns, transfers, or contracts to do so
3. prop is sold pursuant to judicial process or
4. B is insolvent

Question 24

To be valid, a disclaimer must

Answer 24

1. be in writing identified as a disclaimer
2. describe the interest or power disclaimed
3. be signed, witnessed and acknolwedge and
4. be delivered

Question 25

T leaves his whole estate to his wife. He later divorces his wife and then dies. What result?

Answer 25

T dies intestate. Provisions in favor of former spouse are revoked by operation of law upon divorce.

Question 26

In what order must insolvent estates pay creditors?

Answer 26

1. compensation to personal reps
2. funeral (not to exceed 6k0
3. debts & taxes
4. medical expenses of last 60 days of last illness
5. family allowance
6. child support
7. business debts acquired after death
8. other claims

Question 27

T opens savings account trust at BOA for Sue. Later, T devises will “my savings account at BOA” to Ann. What result?

Answer 27

Ann will take the account. The savings account was a Totten trust which can be revoked by will. A reference to bank accounts is insufficient to revoke a totten trust, but saying “my savings account at BOA” is sufficient.

Question 28

Can T revoke a will by intentionally destroying an unexecuted copy of the will?

Answer 28

No - must be an EXECUTED copy of the will

Question 29

Does revocation of a codicil revoke a will?

Answer 29

NO - and in the absence of evidence to the contrary, it is presumed that in revoking the codicil the testator intended to reinstate the will provisions changed by the codicil as though the codicil had never been executed.

Question 30

In lieu of a life estate in homestead property, what can a surviving spouse with a children elect to take?

Answer 30

An undivided one half interest in the homestead as a tenant in common with the remaining undivided one half interest vesting in the children per stirpes

Question 31

In lieu of taking under the decedent’s will a spouse has a right to…

Answer 31

elect to take a statutory share of the estate, which is 30% of the elective estate plus some nonprobate assets and will substitutes (e.g. survivorship property / revocable trusts)

Question 32

Can a spouse take an elective share and still have right to family allowance and homestead?

Answer 32

Yes! The elective share is 30% of the decedent’s elective estate. The share is in ADDITION TO spouse’s right to exempt property, family allowance, and homestead

Question 33

Anti-lapse statute

Answer 33

Generally, if a will beneficiary dies during the testator’s lifetime, the gift to that beneficiary lapses (it fails). However, under FL’s anti-lapse statute, if the predeceasing beneficiary is a grandparent or a descendant of a grandparent of the testator and left descendants who survive the testator, the gift is saved for those descendants.

Question 34

When does a child born or adopted after a will is executed, not take under the testator’s will?

Answer 34

Normally, child born or adopted after a will is executed takes what he would have received if the testator had died intestate. The child doesn’t take the share if he’s intentionally omitted from the will or if the testator had 1 or more kids when the will was executed and devised substantially all the estate to the other parent of the omitted child.

Question 35

Ken bequeaths a sailboat to his friend Tom in a will. Tom has one son, Adam. Tom dies before Ken. Who gets the sailboat when Ken dies?

Answer 35

Not Adam - the anti-lapse statute applies only if the predeceasing beneficiary is a grandparent or descendant of a grandparent of the testator. Tom is Ken’s friend, so the anti-lapse statute won’t apply to save the gift for Tom’s descendant, Adam.

Question 36

If the decedent is survived by a spouse and descendants, all of whom are also descendants of the surviving spouse, and the surviving spouse has no other descendants, the surviving spouse takes…

Answer 36

the entire intestate estate

Question 37

When can a nonmarital child inherit from his father and father’s family?

Answer 37

children born out of wedlock are heirs of the mother but not the father unless (1) he marries the mother (2) is adjudicated father before or after death or (3) acknowledges paternity in writing. Also if his biological parents participated in a marriage ceremony before or after his birth, EVEN if the attempted marriage is void

Question 38

Sonya has one child from a previous marriage and two children with her current spouse. She dies without a will. Who gets what?

Answer 38

current spouse gets 1/2, each child gets 1/6

If a decedent is survived by one or more descendants who aren’t the descendants of the surviving spouse, the surviving spouse takes 1/2 of the estate and the other 1/2 passes to the descendants per stirpes.

Question 39

Dwayne has one half sibling (alex) and two full siblings (cathrine and courtney). Dwayne dies intestate without a spouse, children, or parents. Who takes what?

Answer 39

2/5 to Catherine, 2/5 to Courtney and 1/5 to Alex

where property passes through intestacy, if some of the kindred are half related and others are fully related, those half related inherit only half as much.

Question 40

Theo devises “my mint green porsche to my brother Arthur” Before he dies, he sells the porsche and uses the money to buy a black rolls royce. What does arthur get at Theo’s death?

Answer 40

Nothing. Under the doctrine of ademption, when specifically bequeathed property isn’t in the testator’s estate at death, the bequest is adeemed. A specific legacy is a gift of property that is particularly designated and satisfied only by receipt of that particular property.

Question 41

Theo devises “10k to my sister Pat to be paid out of the proceeds of my Intel stock.” Before he dies, he sells all of his intel stock and reinvests in Disney. What does Pat get?

Answer 41

Pat gets 10k. Theo’s gift of 10k to be paid out of Intel stock is a demonstrative legacy, i.e. a gift of a general amount that identifies a particular asset as the primary source of payment. Under FL law, ademption doesn’t apply to demonstrative legacies. Thus, even though the intel stock no longer exists, pat will still get 10k.

Question 42

What extrinsic evidence regarding a will is admissible?

Answer 42

(1) Evidence that a will provision is the result of a mistake of fact or law is always admissible and, if proven by clear and convincing evidence, will result in reformation of the will.
(2) if there’s a latent ambiguity (language of the will is clear on its face but results in misdiscreption when applied)
(3) to show that a provision was mistakenly omitted or included in a will

Question 43

Tammy makes a will and devises various things to various people. Among those things, she tells her lawyer to leave a gift of 20k to her mother. The lawyer inadvertently omitted the gift from the will. What result?

Answer 43

Mother can introduce extrinsic evidence to show that omission was mistaken. The court will consider evidence relevant to T’s intent even if it contradicts an apparent plain meaning of the will.

Question 44

Tammy calls her friend Albert and tells him to destroy her will. She hears him on the phone ripping the paper. What result?

Answer 44

Her will is NOT revoked. A will can be revoked by physical act by another person if (1) it’s at the testator’s direction and (2) in the testator’s presence. Because Albert destroyed the will while Tammy was on the phone, not in his presence, the will is not revoked.

Question 45

How can a lost or destroyed will be proven?

Answer 45

(1) by testimony of 2 disinterested witnesses or
(2) if a photocopy is provided, 1 disinterested witness

Question 46

Albert and Melody are married and have a son, Bart. Albert dies. Melody remarries Hank, who adopts Bart. Can Bart inherit from his bio father’s family?

Answer 46

yes. adoption of a child by the spouse (hank) of a biological parent (melody) has no effect on inheritance rights between the child and the family of the deceased biological parent (albert).

Question 47

Probate proceedings must be commenced in which county?

Answer 47

In the county in which the decedent was a resident at the time of his death

Question 48

How long does a creditor who is served notice of administration have to challenge a will’s validity?

Answer 48

30 days from the date of service of notice. objections not filed within that period are forever barred

Question 49

Amy drafts a will and attaches a self proving affidavit. Her 2 witnesses sign the affidavit in the presence of each other and Amy as well as a notary. The witnesses fail to sign the will itself. what result?

Answer 49

The will is still valid. FL has no requirement that the witnesses sign in a particular place, so the signatures on the affidavit are sufficient.

Question 50

How to make a will self proving

Answer 50

Testator and attesting witnesses sign the will and then sign a sworn affidavit before a notary public reciting that the testator declared to the witnesses that the instrument was her will and that the testator and the witnesses all signed in the presence of each other. The affidavit can be executed at any time before or at the same time of the will’s execution.

Question 51

Tammy meets James and the couple begins dating. Tammy executes a will in 2007 - “$10k to my best friend James.” In 2010, the couple marries. What does James take when Tammy dies?

Answer 51

James takes 1/2 of Tammy’s estate. If a person marries after executing a will and the spouse survives the testator, the new spouse takes a intestate share of T’s estate. However, the FL statute doesn’t work in favor of the new spouse if T made a gift in the will to the spouse in contemplation of marriage. Here, James can show the gift wasn’t made in contemplation of marriage because the couple didn’t marry until 3 years later and the gift was made to “my best FRIEND”

Question 52

Tammy executes a will in 2007 giving her “emerald jewelry collection” to Doris. In 2010, Tammy executes a new will giving her “emerald jewelry collection” to Alice. The 2010 will contains no express language revoking the prior will. Who gets the jewlery?

Answer 52

Alice. When a testator executes a second will/codicil that doesn’t contain any express language of revocation of previous wills, the two instruments are read together to the extent possible - i.e. the second is treated as a codicil to the first. However, the second instrument revokes the first to the extent of any inconsistent provisions. Here, because the 2007 gave the jewlery to Doris and the 2010 gave to Alice, the two can’t be read together.

Question 53

T’s will has an attestation clause, signed by T’s two sons. Both sons testify that, contrary to the language of the attestation clause, they did not properly sign the will in front of one another. What result?

Answer 53

Their testimony may be sufficient to rebut the presumption the will was properly executed. A formal attestation clause in a will, reciting the formalities, isn’t required but it does provide p/f evidence that it was properly executed. The presumption can be rebutted by competent testimony of witnesses. (compare this to a self proving will which is conclusively presumed valid)

Question 54

Can a company be a personal representative?

Answer 54

Yes - banks and trust companies authorized to exercise fiduciary powers can serve as personal representatives.

Question 55

Sheila is survived by her son, Sonny, and Sonny’s daughter (sheila’s granddaughter) Kaitlin (an adult). She has no spouse. Sheila devises 10k to Sonny and her homestead property to Kaitlin. Is this a proper devise?

Answer 55

Yes, when a decedent isn’t survived by minor children or a spouse, there’s no constitutional restriction on devising the homestead. Because Sonny isn’t a minor, Sheila can devise her property to Kaitlin.

Question 56

Tom has a 3 page will and the 4th page is a self proof affidavit. He takes a pen and writes on the 4th page “this will is null and void” and scratches out the notary signature and seal. What result?

Answer 56

It’s possible that this was sufficient to revoke the will. Normally, the will itself must be defaced in some way with the intent to revoke. But apparently crossing out the seal and writing void might be sufficient if the intent is shown.

Question 57

Martin hired attorney to draft will for him, establishing trust fo benefit of his wife and three children A, B, and C. The will granted wife power of appointment to distribute the will. After will was executed, they had a fourth child, Martin contacted Attorney to include D. However, Martin never executed the second will. He instead executed a codicil drafted by attorney that made some small changes but didn’t provide for D. At Martin’s death, wife wants to bring malpractice suit against Attorney on D’s behalf. What result?

Answer 57

Attorney wasn’t in privity of K with Dan. Attorney owes duty to both the client who contracted for services and also to beneficiares named in the will. However, because D wasn’t named in will, the c/a fails. Also, D won’t take under the will because D was born prior to Martin’s execution of the codicil, thus he’s not a pretermitted child.

Question 58

What can a personal rep NOT do without a court order if the will doesn’t expressly provide for it?

Answer 58

PR cannot sell real property. He can sell personal property, continue decedent’s unincorporated business for up to 4 months, and can pay debts of estate, among other things.

Question 59

Hank and Wanda each have wills giving their whole estates to the other. They were found dead from gas poisoning with no clue of who died first. Hank had no relations. Wanda was survived only by 1 nephew and 2 nieces. How will the estate of each be devised?

Answer 59

Wanda’s nephews and nieces will get both Hand and Wanda’s estate. Wanda is deemed to have survived Hank - so the gift to Hank lapses. Because Wanda had no lineal descendants or surviving parents, her estate would pass to her siblings and their descendants.
Hank is deemed to have survived Wanda and the devise to Wanda lapses. Bc Hank had no lineal descendants, parents, brothers or sisters or their kin, surviving grandaprents or descendants of surviving grandparents, his estate would go to the relatives of his last deceased spouse - the nepehews and nieces.

Question 60

Carol’s will devises her estate to her best friend Stu. Her will contained a clause specifically disinheriting all of her heirs. Stu predeceased carol, survived by his only child Taylor. When Carol dies, who takes the estate?

Answer 60

It will pass by intestacy to Carol’s heirs. Even though she disclaimed her heirs, FL law would have it pass to heirs.

Question 61

Family allowance

Answer 61

can be paid to surviving spouse and lineal heirs whom the decedent was obligated to support or who were in fact being supported by him. Up to 18k. Can be paid even if the will disinherits an heir.

Question 62

Bill gave his son Fred $40k. Bill indicated in a contemporaneous writing that the gift was intended as an advancement. Bill died intestate, survived by his two children, Fred and Ted. His estate was worth 30k. Who takes what?

Answer 62

Ted takes 30k and Fred takes nothing. An heir who gets an advancement has his share reduced by the amount of the advancement. 30K + 40K = 70K, then divide in half, 35k (but Fred won’t be responsible for returning the excess)

Question 63

Hortense gave land to her daughter Jill. At the time, she indicated in a contemporaneous writing the gift was an advancement. Jill dies, survived by her son Jack. and then Hortense dies survived by her daughter Lil. H’s estate is 200k. Who takes what?

Answer 63

Lil gets 100k and Jack gets 100k. The gift to Jill is an advancement but an advancement isn’t binding on a predeceased heir’s successors unless the writing provides for it.

Question 64

From what point is the value of an advancement determined?

Answer 64

The value when the gift was given

Question 65

T devises blackacre to A. At T’s death, blackacre has a 10k mortgage. T’s will included a provision that stated “I direct my executor to pay off all my debts as soon after my death as is practicable.” Can A demand that the estate pay the mortgage?

Answer 65

No, FL Law provides that liens on specifically devised property aren’t exonerated unless the will directs exoneration. A general direction calling for payment of debts isn’t sufficient.

Question 66

T devises Blackacre to B. One month before T dies, a fire destroys the residence. T’s insurance company pays 40k before T dies. When T dies, an additional 20k payment is pending. What does B take?

Answer 66

B will take Blackacre and is entitled to the 20k insurance proceeds unpaid at T’s death. A specific devisee has a right to proceeds from fire or casualty insurance on property but only to the extent the insurance proceeds remain unpaid at death.

Question 67

T dies survived by his wife W and daughter D. T’s estate includes 20 acre of property with a value of $45k and 15k in a checking account. What is the best way to administer T’s estate?

Answer 67

Summary administration, because the value of the entire estate subject to administration, minus the value of property exempt from claims of creditors, is 75k or less.

Question 68

When is no administration available?

Answer 68

If decedent leaves only personal property that’s exempt from creditors and nonexempt property the value of which doesn’t exceed the sum of the amount of preferred funeral expenses and reasonable medical expenses of the last 60 days of last illness.

Question 69

William, who solely owned a legal homestead, passed away leaving Lynn, his spouse, and Christopher, their minor child. In his will, William left the homestead to his disabled cousin, Daisy, so that Daisy may have a safe place to live. Lynn contests the devise of the homestead. How will the court rule?

(A) By allowing the homestead to pass to Daisy.
(B) By allowing the homestead to pass to Daisy as a life estate with a remainder to Lynn.
(C) By awarding the homestead to Lynn.
(D) By awarding the homestead to Lynn and Christopher in equal shares.

Answer 69

By awarding the homestead to Lynn.

Question 70

Leon died intestate owning Florida homestead property titled in his own name. He resided on the property for many years prior to his death. He is survived by his widow, Charlotte, and an adult son by an earlier marriage, Bob. Leon purchased the homestead property with his own funds during the time of his marriage to Bob’s mother. Proper disposition of the homestead property is

Answer 70

life estate to Charlotte, vested remainder to Bob

Question 71

Bill owned a condo that he devised to his daughter in his will. Later in life, he met and married his wife. She signed a valid prenup relinquishing all rights she’d have by marrying Bill. After they married, Bill signed and delivered a deed to the wife conveying the convo to himself and to the wife by the entirety. Who gets the condo at Bill’s death?

Answer 71

the wife.

Question 72

Raymond had a valid Florida will devising his entire estate to his friend, Jake. Raymond and Jake had a fight, and Raymond then executed a second valid will, devising his entire estate to charities and expressly revoking the first will. Years later, Raymond and Jake reconciled and Raymond burned the second will. Raymond later died. Does Jake inherit the estate?
(A) Yes, because burning the second will was an effective act of revocation, reviving the original will.
(B) Yes, because Florida law is construed to avoid intestacy.
(C) No, because burning the second will was an insufficient act of revocation absent additional evidence.
(D) No, because revocation of the second will does not revive the first one

Answer 72

No, because burning the second will was an insufficient act of revocation absent additional evidence.

Question 73

Before Sue and Harry were married, Harry signed an agreement waiving “all claims” to Sue’s estate. Harry received advice of counsel prior to signing the agreement.

After Sue dies, Harry learned for the first time that Sue owned over $1,000,000 worth of stock, Sue’s validly executed will leaves her entire estate to her mother. Which of the following is true?
(A) Harry is entitled to homestead property because he did not specifically waive his right to homestead.
(B) Harry is entitled to his elective share of Sue’s estate because she did not make a fair disclosure of her estate.
(C) Harry is entitled to the family allowance because family allowance cannot be waived.
(D) Harry is not entitled to any share of Sue’s estate.

Answer 73

Harry is not entitled to any share of Sue’s estate.

Question 74

H & W were married and executed a prenup indicating that W’s elective share would only include Greenacre and Blackacre (both in GA) and any real property in FL. Before he died, H executed a will leaving 10k to W and the remainder of his state to his mom. What can W take at H’s death?

Answer 74

She can take her elective share in addition to her right to exempt property and a family allowance. This would give her 30% of the elective estate.

Question 75

H & W were married and executed a prenup indicating that W’s elective share would only include Greenacre and Blackacre (both in GA) and any real property in FL. He hid from his wife a bunch of other properties he had throughout the country. Before he died, H executed a will leaving 10k to W and the remainder of his state to his mom. What can W take at H’s death if she takes a nelectice share?

Answer 75

Normally, an elective share includes the decedent’s entire probate estate, but here H & W had a prenup that says that W only gets the FL and GA properties. If the agreement is executed AFTER marriage, each spouse has to make a fair disclosure to the other of her estate. But otherwise, NO disclosure is required. This was executed before marriage, so the fact that H didn’t disclose doesn’t invalidate the agreement.

Question 76

If there are only 2 joint representatives, can 1 act alone?

Answer 76

No - still need majority required (not really sure how this works when it’s just 2 people, but if you get a problem with just 2 ppl, apparently 1 can’t act alone. But if you have 3 ppl and 2 agree and 1 dissents, then that’s fine. )

Question 77

How long does a creditor have to file claims?

Answer 77

Before the later of
(1) 3 months after date of first pub
(2) 30 days after service

*Note: does NOT apply to claims arising AFTER decedent’s death (e.g. services rendered in administering the estate)

Question 78

Order to pay off creditors

Answer 78

(1) personal reps
(2) funeral expenses
(3) debts and taxes, medicaid, unpaid court fees
(4) medical expenses last 60 days of illness
(5) family allowance
(6) child support
(7) business debts acquired after death
(8) all other claims

Question 79

Ted executes a will June 1 - “I leave my belongings to family as specified in the list in existence at the time of my death.” After Ted dies, a writing dated Aug 14 is found and specifies members of family who should receive belongings. Can the list be incorporated?

Answer 79

Yes, as long as it’s signed and describes the items with reasonable certainty. The writing MAY, but need not, be referred to as one in existence at the time of t’s death. It may be prepared before or after the execution of the will.

Question 80

In 2006, Max makes a will giving half of his estate to his wife and the other half to his son Bill. He makes no mention of his daughter, Mary. In 2009, Max adopt Patricia. Who takes what?

Answer 80

Mary takes nothing because she was not born or adopted after the execution of the will. Patricia takes because she was adopted after the execution of the will.

Question 81

In 2006, Max makes a will giving half of his estate to his wife and the other half to his son Bill. He makes no mention of his daughter, Mary. Before Max dies, Mary gives birth to her son Larry. Can Larry take under the will?

Answer 81

No - Mary was not provided for and neither will Larry be.

Question 82

Mary gives 50k worth of land to her son Jeff in 2003. Mary dies in 2009. A letter is found, written the day before she died that states “the land i gave you jeff is intended to be an advancement.” what result?

Answer 82

No advancement. A gift is treated as an advancement if the intent to treat it so is declared in a contemporaneous writing by decedent or acknowledged in writing as such by heir. There is no advancement because this was written years after she gave the land to Jeff.

Question 83

Mary gives 50k worth of land to her son Jeff in 2003. Mary dies in 2009. Jeff writes a letter to his mom 1 week before she dies saying “thank you for the land. I am glad you saw fit to advance it to me before you died.” Is there an advancement?

Answer 83

Yes -the acknowledgment by recipient doesn’t have to be contemporaneous.

Question 84

Jeff received a valid advancement from his mom worth 50k. At his mom’s death intestate, there is 500k in the estate. Mom survived only by Jeff and Jeff’s sister. What will each party take?

Answer 84

Jeff will take 225k.
500k (actual estate)
+ 50k (value of gift)
_______________
550k to be divided equally

550/2 = 275k

275k - 50k advancement = 225k (jeff’s share)

sister’s share is 275k.

Question 85

H & W each sign contractual wills. H dies. W then makes a new will, revoking the contractual will she entered into with H. What result?

Answer 85

If a first will is contractual but was revoked by a second, the second will is probated and a constructive trust is imposed for the beneficiaries of the first contractual will. Beneficiaries can bring breach of contract.

Question 86

Standard for determining whether beneficiary killed the testator

Answer 86

greater weight of the evidence in civil
(conviction in criminal case is conclusive)

Question 87

Beneficiary killed her mother and was convicted. Mother was survived only by beneficiary and beneficiary’s child. What result?

Answer 87

Beneficiary’s child can take the estate. Slayer statute doesn’t bar killer’s kid from succeeding to property that otherwise would’ve passed to the killer.

Question 88

When is no administration available?

Answer 88

Decedent only leaves personal property and it’s worth less than the exempted property (if the person doesn’t have a spouse, there’s no exempted property)

Question 89

Bill leaves a will that leaves everything to his kids and says “I leave nothing to my two-timing wife.” They separate but remain married. When Bill dies, can Marge take an elective share?

Answer 89

Yes - spouse has right to elect to take statutory share of estate in lieu of taking under decedent’s will.

Question 90

Bill leaves a will that leaves everything to his kids and says “I leave nothing to my two-timing wife.” They separate but remain married. When Bill dies, can Marge take an elective share?

Answer 90

Yes - spouse has right to elect to take statutory share of estate in lieu of taking under decedent’s will.