Wills & Decedents

Question 1

intestacy

Answer 1

when a person dies w/o a will

Question 2

holographic

Answer 2

hand-written

Question 3

POA

Answer 3

authorization to act on someone else’s behalf in a legal/business matter

Person authorizing the other to act is the principal, and the the one authorized to act is the agent.

POA decisions must be made with the best interest of the principal

Question 4

Healthcare POA v. other POAs

Answer 4

Healthcare POA only becomes effective upon the incapacitation of the principal

Question 5

Healthcare POA shields agent from

Answer 5

civil liability for healthcare decisions made in good faith

Question 6

Slayer’s statute

Answer 6

Party who intentionally and feloniously is responsible for the decedent’s death is barred from taking property of the decedent

Question 7

UPC: surviving spouse has all the same descendants as decedent

Answer 7

surviving spouse gets 100% of the estate

Question 8

UPC: surviving spouse and only surviving parents of decedent

Answer 8

surviving spouse gets $300K and 75% of the remainder estate

Question 9

UPC: decedent has a spouse but no descendants or parents

Answer 9

surviving spouse gets 100% of the estate

Question 10

UPC: surviving spouse has issue with decedent but also other issue

Answer 10

surviving spouse gets $225K and 50% of the remainder estate

Question 11

UPC: decedent has issue unrelated to the surviving spouse (& no other issue)

Answer 11

surviving spouse gets $150K and 50% of the remainder estate

Question 12

pour-over wills

Answer 12

include clause where some/all of the decedent’s probate property is given to the trustee of the decedent’s inter vivos trust

Question 13

How may a will be revoked wholly or in part?

Answer 13

1. Subsequent writings
2. physical destruction
3. Operation of law