Wills Flashcards
if you die you are called
decedent
valid will
testate
w/o a valid will
intestate
valid will that covers some but not all property
partial intestacy
Under partial intestacy, property will be disposed of
under the terms of the will and the laws of intestacy apply to everything else
decedent’s personal estate includes all
real and personal property owned by decedent @ death
does not include property that passes by
operation of law or written instruments (think joint tenancy with right of survivorship)
these fall under non-probate transfers
survival
must survive decedent (120 hour rule)
if there is doubt about r whether beneficiary survives, show by
clear and convincing evidence
two exceptions to 120 hour rule
1) will can change it
2) does not apply if it would result in property going to commonwealth under escheat
adopted child is treated as biological
child and ceases to be child of adopting parent
exception: adopting parent is marrying biological parent
va law recognizes
adult adoption for inheritance
any child conceived through assisted conception is considered the child of the parent who consents, but needs
1) in writing
2) before conception
) born during lifetime or within 10 months of death
child born out of wedlock
always child of biological mother and biological father if marriage ceremony or paternity established by clear and convincing evidence
clear and convincing evidence alows child to inherit from biolgical father but not necessarily the other way around
father must openly treat child as child and not refuse support
if trying to inherit from biological dad
file an affidavit in circuit court within one year of parent’s death
this rule does not apply if
1) marriage
2) admission
3) prior preceeding to determine parentage
termination of parental rights does not mean
child loses ability to inherit
multiple lines of inheritance
choose the greater way you can inherit
VA slayer
if you kill decedent you cannot take under the decedent’s will or laws of intestacy
applies only if
murder or voluntary manslaughter; not self defense
killer treated as predeceased
disclaimer
refusal to accept an interest in property
reasons for disclaiming
lien, another beneficiary needs it more
valid disclaimer
1) made before the disclaimant accepts interest or attempt to transfer
2) writing
3) descrive and declare disclaimed
4) disclaimant must sign and deliver to executor or administrator
