Wills 3

Question 1

K. to (/NOT) revoke (/MAKE) a WILL /GIFT is Valid in Calif. IF: … +REMEDY for Breach:

Trigger: In a Trust “In consideration of $500 Able gave me, I promise to devise Blackacre to Able.”

Answer 1

1) MAT TERMS are IN the W itself, or
2) W EXPR REFERS to a K +extr. ev prove its terms, or
3) WRITING by Dec. ev. a K.
Remedies: 1) DMG 2) SP 3) CT on Devisee, who’ll have only 1 Obligation: transfer Pr to Promisee

Question 2

If 1 party to the K. dies, …: [+CA+CCA:]

[Note: JOINT /MUTUAL (=reciprocal) Ws:
create NO PRESUMPTION of a K.]

Answer 2

Ct. will Enforce the K.: 
1) make it IRREV. 
2) & impose a CT
[CA: SOF DFN etc.
CCA: ORAL K enforced IFF: there is /PART perf. /det. rel.]

Question 3

[Trigger: H KILLED W] A person who … +Joint Tenancy ?:

Answer 3

FELONIOUSLY & INTENTIONALLY kills can NEVER inherit from his V. –not even by INTESTACY or as life insurance BEN –b/c deemed PRE-Deceased
++Killer loses RoS in JT.
BUT NOT his OWN 1/2 interest b/c Severed
/[Calif: doesNOT loose 1/2 CP.]

Question 4

Can Killer’s Children inherit?

+CA:

Answer 4

canNOT take via ANTI-Lapse statute,
which doesNOT apply to KILLER’S ISSUE.

CA: Yes, issue can still take: 
by INTESTACY (if applicable)

Question 5

Killer’s: Std. of Proof:

How does the Probate Ct determine guilt?

+CA:

Answer 5

by a PREPONDERANCE of the ev.

But a criminal CONVICTION is CONCLUSIVE ev. that killing was FELONIOUS & Intentional.

Question 6

An ADOPTED Child is …:

Answer 6

TREATED as a NATURAL child.

Question 7

STEPchild & FOSTER child has … +CA:

Answer 7

NO inheritance rights b/c NO LEGAL rel. CA1: Treat as ADOPTED if:
1) rel. Began during MINORITY
2) Continued THRU Parties’ Lifetime
3) C&C ev. Step/F P would’ve adopted but-for Legal BARRIER
CA2: EQUIT. Adoption if: Parents HOLD OUT as Child.

Question 8

**Under LAPSE … +CA:

Answer 8

BEN MUST SURVIVE T’or, or the Gift Fails & Passes to Residual BENs
[/CLASS Members /by INTESTACY if none +dead resid. taker’s share b/c “No RESIDUE of a R” rule.
CA: W language /VESTED interest /Pretermitted. ]

Question 9

Under ANTI-Lapse: [Unless the W provides otherwise,] A Gift to a Predeceased BEN …+CA:

Answer 9

is saved and does NOT LAPSE if the BEN is a BLOOD RELATIVE of the Decedent.[’s (ex) Spouse]
=> If so, BEN’s surviving issue takes by right of REPRES.
[CA: SPOUSE/Friend =NOT LINEAL descendent.]

Question 10

Does ANTI-Lapse statute apply to CLASS GIFTS? +CA:

Answer 10

Yes. If a member dies, Devise doesNOT lapse.
Predeceased member’s surviving ISSUE take.
(=>BEN’s devise irrelevant b/c it’s T’or’s [money]).
CA: DoesNOT apply to Will SUBSTITUTES [/intervivos gift /Revocable gifts/T]

Question 11

**Under the Revised USDA, which Calif. adopted, if Title to Pr DEPENDS on the ORDER of BENs’ DEATH …:

Answer 11

BUT the ORDER canNOT be established, then each BEN is treated as having PRE-Deceased the T’or, UNLESS:
BEN survives T’or by >120hrs.
[CA: If suff. ev. of Survival =>(R)USDA doesNOT apply.]

Question 12

An ADOPTED Child can INHERIT:

+CA:

Answer 12

ONLY from or through the ADOPTIVE PARENT +vice versa.
b/c Adoption SEVERS relationship to Natural Parent.
CA: UNLESS: Adoption is by:
Natural parent’s NEW PARTNER.

Question 13

Uniform Simultaneous Death Act:

**JTwRoS Exception:

Answer 13

If both JTs die:

as if the JT is SEVERED,

and each Estate gets 50% of the Pr.

Question 14

USDA: If a DEVISE is CONDITIONAL on BENEFICIARIES surviving EACH OTHER:

Answer 14

ABSENT c&c ev. which BENEFICIARY survived the other:

Pr is divided EQUALLY among All BENs.

Question 15

**Increase in a gifts value AFTER T’or’s Death (& Before end of Probate):

Answer 15

1)**SPECIFIC gifts: 
All increases go to BEN 
[dividends, stock splits, rents, etc.]
2) GENERAL gifts: 
BEN ONLY earns INTEREST on MONEY gifts [legal rate].