Wills Flashcards
A decedent has no will and a surviving spouse, with no descendants. Who receives estate?
Intestate - surviving spouse receives entire estate
A decedent has no will and a surviving spouse, with descendants who are of the surviving spouse. Who receives estate?
Under intestate, surviving spouse receives entire estate.
A decedent has no will and a surviving spouse, with descendants who are not of the surviving spouse. Who receives estate?
Intestate applies. Surviving spouse receives a 1/3 interest in estate and surviving descendants who are not of surviving spouse receive a 2/3 interest.
Intestate decedent is survived by _____.
Spouse, even if the intestate person has children who all of the surviving spouse
Order of succession if no surviving spouse or children for VA intestate
1) parents
2) brothers and sisters
3) grandparents
4) laughing heirs (no limit on degree of kinship)
5) escheat to Virginia
If a spouse deserts the other spouse, how much can that spouse receive under intestate succession?
Nothing, a spouse who willfully deserts or abandons (unless for cause) is entitled to nothing.
What is probate?
Court proceeding in which a judicially determination that decedent left a valid executed will
- or if will is invalid, that decedent died without and a will and how heirs are then determined
Under intestate succession, if decedent is survived by parents and collateral relatives and a spouse, how much do the parents and collateral relatives receive?
Nothing - surviving spouse receives everything
If D is survived by W and children A and B, who are their children. C is D’s child from a previous marriage. Under intestate succession, how to the children share?
share 2/3 equally.
What are the statutory rights of the surviving spouse?
Statutory right take precedent over any creditor claims
1) resident - only if their is an election or children who are not children from surviving spouse
2) exempt personal property up to $15k
3) family allowance for support for one year (cannot exceed $18k)
4) homestead allowance of $15k
I, widow, dies intestate. I’s parent’s died, and has siblings A, B, C, and D. C and D predecease I. C is survived by C1 and C2. D is survived by D1, D2, and D3. How the intestate succession determined?
A - 1/4
B - 1/4
C1 & C2 - 1/8 each
D1, D2, & D3 - 1/12 each
I, widow, dies intestate. I’s parent’s died, and has siblings A, B, C, and D. A, B, C and D predecease I. C is survived by C1 and C2. D is survived by D1, D2, and D3. How the intestate succession determined?
C1, C2, D1, D2, D3 - 1/5 each
per capita with representation
How much do half bloods take under intestate succession?
half as much as whole bloods
When parents adopt a child with no relationship to either of them, how is the child treated for intestate succession?
stranger adoption
- full inheritance from adopted parents
- no inheritance from biological parents
How long must a survivor outlive the decedent?
120 hours or 5 days - only applies to intestate succession or if the will is silent
- judge to predeceased
Advancements are _____ gifts to ___ from parents of significant value, when viewed from the ____ estate.
lifetime; children; parents
advancement is to intestate, and is ____ to wills
ademption by satisfaction
To disclaim any interest from a will or an intestate estate, what is required?
1) writing and signed
2) delivered to personal representative of estate
3) time limit of 9 months
disclaimer is treated as predeceasing decedent
What are wills made in absent of witnesses?
holographic wills
no requirement that holographic will be dated
What is the harmless error statute for VA wills?
proponent of will needs to establish by clear and convincing evidence:
1) testator’s will; 2) revocation of any will; 3) codicil or modification of will; 4) revival of revoked will
Can clear and convincing evidence be used to excuse the compliance with the will if not signed?
No - harmless error rule does not apply
harmless error applies to wills after July 1, 2007
What is the statute of limitation for applying the harmless error rule for wills?
1 year from decedent’s death
Must the two witnesses to the will be present when testator signs? Must they both be present when the sign?
- present together when testator signs
- need not be present when signing by witness
What is a codicil?
- addition to earlier will and used to complement and not revoke
- must comply will all the formalities