Wills

Question 1

if you die you are called

Answer 1

decedent

Question 2

valid will

Answer 2

testate

Question 3

w/o a valid will

Answer 3

intestate

Question 4

valid will that covers some but not all property

Answer 4

partial intestacy

Question 5

Under partial intestacy, property will be disposed of

Answer 5

under the terms of the will and the laws of intestacy apply to everything else

Question 6

decedent’s personal estate includes all

Answer 6

real and personal property owned by decedent @ death

Question 7

does not include property that passes by

Answer 7

operation of law or written instruments (think joint tenancy with right of survivorship)

these fall under non-probate transfers

Question 8

survival

Answer 8

must survive decedent (120 hour rule)

Question 9

if there is doubt about r whether beneficiary survives, show by

Answer 9

clear and convincing evidence

Question 10

two exceptions to 120 hour rule

Answer 10

1) will can change it
2) does not apply if it would result in property going to commonwealth under escheat

Question 11

adopted child is treated as biological

Answer 11

child and ceases to be child of adopting parent

exception: adopting parent is marrying biological parent

Question 12

va law recognizes

Answer 12

adult adoption for inheritance

Question 13

any child conceived through assisted conception is considered the child of the parent who consents, but needs

Answer 13

1) in writing
2) before conception
) born during lifetime or within 10 months of death

Question 14

child born out of wedlock

Answer 14

always child of biological mother and biological father if marriage ceremony or paternity established by clear and convincing evidence

Question 15

clear and convincing evidence alows child to inherit from biolgical father but not necessarily the other way around

Answer 15

father must openly treat child as child and not refuse support

Question 16

if trying to inherit from biological dad

Answer 16

file an affidavit in circuit court within one year of parent’s death

Question 17

this rule does not apply if

Answer 17

1) marriage
2) admission
3) prior preceeding to determine parentage

Question 18

termination of parental rights does not mean

Answer 18

child loses ability to inherit

Question 19

multiple lines of inheritance

Answer 19

choose the greater way you can inherit

Question 20

VA slayer

Answer 20

if you kill decedent you cannot take under the decedent’s will or laws of intestacy

Question 21

applies only if

Answer 21

murder or voluntary manslaughter; not self defense

killer treated as predeceased

Question 22

disclaimer

Answer 22

refusal to accept an interest in property

Question 23

reasons for disclaiming

Answer 23

lien, another beneficiary needs it more

Question 24

valid disclaimer

Answer 24

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