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wills and trusts > wills and trusts > Flashcards

wills and trusts Flashcards

1
Q

intestate

A

having made no valid will

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2
Q 
after adoption
(hall case)
A

parental rights terminated. could no longer inherit through their predeceased father once adoption occurs. fit into new father intestate succession rules
CA - exception allow 3 lines of inheritance.

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3
Q

marriage alone

A

not intestate heirs (unless adopt children)

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4
Q

will and testament

A

last in time, first in right (last document you leave behind is the one we will pay attention to.

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5
Q

codicil

A

supplement/amendment to will; can be written or formal

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6
Q

testator/trix

A

transferor - person ceate the document/ client

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7
Q

devise

A

gift of real property

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8
Q

bequest

A

gift of personal property

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9
Q

step parent exception

A

(maintains intestancy inheritance rights through the father)
biological parent died
children under 18
surviving parent remarries
new spouse adopts while children are minors
- allow for 3 lines of inheritance.

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10
Q

legacy

A

gift of money

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11
Q

heir/ heir at law

A

decendents estates in general without will

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12
Q

beheficiary

A

transferee. naemed in the will

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13
Q

issue

A

lineal descendants of decedent (I am issue of my parents)

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14
Q

are adult adoptions legal and do they create the adult parent relationship

A

inherit through intestacy. could give a gift in will if didn’t want to adopt.

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15
Q

probate/surrogate/orphan’s court

A

Court having jurisdiction to hear matters arising from decedent’s estates and trusts; in CA, it’s probate court with jurisdiction to hear probate matters/matters related to decedent’s estate with or without a will or trust (now more commonly referred to as probate court)

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16
Q

cannot unadopt a child

A

disinherit a child in the will

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17
Q

per stirpes

A

specifies that each branch of the deceased person’s family receives an equal share of the estate, regardless of how many people are in that branch.

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18
Q

Equitably adopted

A

step parent situation or foster parent situation. relationship established during minority and legal barrier to adoption.

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19
Q

establishing parent/child relationship - situations occurring during life of the parents conception

A 
natural born 
presumption of paternity
legally adopted 
equitably adopted
surogacy
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20
Q

posthumous

A

after someone’s death

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21
Q

CA Posthumous conception

A

each state set it’s own parameters. follow each state’s rules.
CA: 249.5 heir at law for intestate inheritance purposes qualified to receive social security survivor benefits
1. SOF - right of surviving spouse to use genetic material must be identified in writing and signed
2. person who has right must submit notice to use it within 4 months after issuance of death certificate
3. actual use within the statutory guidelines
= another heir at law of the decedent

22
Q

estate of decedent on hold

A

instetacy distribute to surviving spouse to child or children and then know how many children there are to distribute the assets.

22
Q

CP dies intestacy his half goes to the wife

A

His half goes to wife

23
Q

overadvancement

A

does not have to be paid

24
Q

can you disclaim from inheritance?

A

Disclaimer or waiver of inheritance right is a right that a beneficiary has. under intestacy - i don’t want and disclaimer occurs within 9 months of vesting/ disclaimer filed with executor/rep / beneficiary or intestate heir did not take possession of the inheritance.

25
Q

how long do you have to be a surviving heir at law

A

120 hrs

26
Q

die at same time

A

run both lines of intestacy

27
Q

how do we put document in timeline in decedents life when undated document. probate = last will and testament

A

introduce extrinsic evdidence to show when the doc. came into the lifetime of the decedent

28
Q

date est.

A

allegations of incapacity. Spicer Breeden - evidence he was a coke head and alcoholic before and perhaps during writing this document. no evidence to show lacking testamentary capacity when the doc. was created.

29
Q

Required to validate holographic will

A
  1. hand writing of the decedent
  2. Dispositive provision - statement that makes this doc. a will instead of something else
  3. signature.
30
Q

valid on it’s face

A

presumed to have been signed with capacity. Burden on party opposing.

31
Q

evidence testamentary intent

A

material dispositive provisions saying this goes to this person.

32
Q

Oral wills

A

CA does not recognize oral wills. Must have a writing

33
Q

Allow oral wills

A

limited to personal property only (SOF) tangibles

34
Q

soldiers and sailors act - oral wills valid (not CA)

A

if the person stating it was in fact under fire or about to be engaged (conditional wills - if died in combat then valid bring in buddies) (if years passed and the person survived in which statement was made - that will was not valid because conditioned upon being in the service under fire.

35
Q

Statutory will

A

effort by state legislature to provide legal service to as many people as possible – pre-printed form – downloaded filled in properly dated and signed – valid will in CA

  • req. 2 witnesses
  • signature after banks filled in
36
Q

Property becomes property of court

A

originals stay with the court - true and correct photo copy - certified copy. (will) joe jackson

37
Q

duplicate original

A

2 signed wills (executed in duplicated originals

38
Q

termination of marriage is final entry of judgment of dissolution of marriage

A

minimum 6 mo. waiting period - still spouses - provisions still apply

39
Q

intestacy

A

during divorcing period - completed settlement agreement. die before will - have same effect even though not yet divorced gifts still revoked

40
Q

spouse predecesases me then to her children: they get divorced he doesn’t write new will

A

once divorce is completed then the law presumes the former spouse is predeceased - ex wife is still alive but legally presumed to predeceased and her children take in her place. Does the divorce which terminates ex spouses benefits under the will… does that also apply to ex-spouses kids? YES

41
Q

stray revocation of a will

A

not going to revoke a prior will

42
Q

make sure have physical act perpetrated on the document itself

A

thompson - to carry out evidence of intent.

43
Q

Clear intent

A

witnesses both present - hand written documents do not need to be witnessed. present unwritten - use harmless error rule

44
Q

holographic wills

A

your handwriting/ and you don’t need witnesses.

45
Q

Harrison

A

lawyer tears into 4 pieces - mails it - witness actual presence/line of sight presence/

46
Q

revoke will

A

= actual presence

47
Q

express revocations

A

by subsequent and valid wills

48
Q

will #1 expressly revoked by will #2

A

burn will #2 = revocation of revocation a revival of first will? No

49
Q

revival of will number 1

A

i like will 1 better/ revoke will 2

50
Q

multiple docs

A

where each one is in time and what effect of any document is on prior document to determine controlling document.

wills and trusts (4 decks)

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