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MEE Topics > Wills > Flashcards

Wills Flashcards

1
Q

intestate succession

A

die without a will

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2
Q

no spouse + no kids

A

parents –> siblings –> nieces and nephews

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3
Q

spouse + no kids

A

spouse gets everything (minority: parents get a portion)

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4
Q

spouse + kids

A

each get a portion

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5
Q

per capita

A

equal amts (majority: at each gen)

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6
Q

per stirpes

A

more kids = each get less

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7
Q

advancements

A

CL treats it as a down pymt (majority: gift)

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8
Q

ademption

A

property in will no longer there at death

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9
Q

will execution (T-TLC)

A

testamentary capacity + testamentary intent + legal capacity + complies with state

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10
Q

testamentary capacity

A

not insane + appreciate nature of bounty

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11
Q

testamentary intent

A

that doc is a will

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12
Q

undue influence (SODA)

A

susceptibility to influence + opportunity to influence + disposition to influence + appears to be product

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13
Q

legal capacity

A

18+

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14
Q

complies w. state (WAS)

A

written + attested by 2 disinterested + signed

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15
Q

codicil

A

supplement or modification after will is made

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16
Q

holographic wills

A

unwitnessed (minority: valid if signed and in testator handwriting)

17
Q

destruction

A

intent + phys act of destruction

18
Q

subsequent will or codicil

A

either expressly all or only contradictory terms

19
Q

divorce

A

revokes gift(s) to spouse

20
Q

anti-lapse

A

gift goes to beneficiary kids if fam

21
Q

slayer statute

A

intentional killing –> forfeit benefits

22
Q

abatement

A

when not enough funds, property –> residuary gifts –> gen gifts –> specific gifts

23
Q

contesting a will

A

standing (benefit) + present grounds (undue influence or duress, etc)

24
Q

adv health care dir

A

in writing + witnessed

25
Q

authority of agent

A

in no POA, spouse –> adult child –> parent –> sibling

26
Q
A

MEE Topics (6 decks)

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