Wills I Final Final

Question 1

Posthumous birth

Answer 1

1. Child born within 300 days after death;
2. Conceived before birth
3. Child takes as posthumous heir.

Question 2

Presumption of paternity

Answer 2

300-MACO-02
________
1. Born within 300 days of marriage;
2. Marriage + supported or asserted paternity;
3. Male lived with 0-2 and held out;
4. Officially acknowledged;
5. Court determined.

Question 3

Termination of paternity

Answer 3

18-LADACA
____
1. Legally terminated
2. Dies before 18 and C&C Abandonment, Desertion, Abuse, Child support;
3. Child Adopted

Question 4

Equitable adoption

Answer 4

1. Natural parents Relinquish in Detrimental Reliance;
2. Foster fail to follow through;
3. Child can recover from foster

Question 5

Stepparent adoption statute

Answer 5

1. C&C would have adopted;
2. But for legal barrier.

Question 6

Substantial compliance (near miss)

Answer 6

SACI
___
1. Substantial compliance;
2. Not Attestation
2. C&C
3. T intended to be will.

Question 7

Undue influence rebuttable presumption created when

Answer 7

CURS-SMOC-90 FDIGS
1. Confidential relationship;
2. Unnatural disposition,
3. no Reasonable basis;
3. Suspicious circumstances;
4. Susceptible, Motive, Opportunity, Causation.
5. Person provided services in last 90 days.

FDIGS

1. Fiducary;
2. Drafting or procuring;
3. Interested witness;
4. unnaturally Generous; or
5. unusually Susceptible.

Question 8

Presumption of undue influence

Answer 8

CURS-SMOC-90 FDIGS
1. Confidential relationship;
2. Unnatural disposition,
3. no Reasonable basis;
3. Suspicious circumstances;
4. Susceptible, Motive, Opportunity, Causation.
5. Person provided services in last 90 days.

FDIGS

1. Fiducary;
2. Drafting or procuring;
3. Interested witness;
4. unnaturally Generous; or
5. unusually Susceptible.

Question 9

Insane delusion

Answer 9

GIPIDIR

1. Ground for contesting;
2. t’s Persistent;
3. Irrational belief;
4. Directly Influences;
5. Invalidate affected portion.
6. no Reasonable basis for belief.

Question 10

Attested will formalities

Answer 10

WUPAD

1. Writing;
2. witness Understands;
3. Present for sig or
4. Acknowledged
5. signed before T’s Death

Question 11

Incorporation by reference

Answer 11

1. Writing in existence
2. Will sufficiently identifies;
3. manifests Intent to incorporate.

Question 12

Ademption (specific gifts only)

Answer 12

MISC
____________
1. Majority, specific gifts no longer in estate adeem; except when
2. Involuntary conversion (flood, fire);
3. Conservator or third party sells, transferee has rights to money;
4. Change in form (Stock splits, merger, consoidation, stock dividends)

Question 13

Ademption by extinction

Answer 13

1. IDENTITY (majority) theory - Specific gift adeems if no longer in estate (“my”); unless
2. Balance of proceeds owed, Eminent domain, or Casualty Insurance proceeds;
3. INTENT (minority) theory looks to T’s intent - if no evidence of intent to get replacement gift, B does NOT receive and goes to residue.

Question 14

Increases in property value

Answer 14

1. If T owned shares at time of will, B will receive any increase or change i form;
2. If T did not own when devised, B will only receive # of shares specified.

Question 15

Abatement

Answer 15

1. Not enough assets in estate;
2. Abate in order:
3. Residuary > general non-relatives > general relatives > specific non-relatives > specific relatives.
4. Pro rata within class

Question 16

Pretermitted heir

Answer 16

1. T didn’t know about child; or
2. Mistaken about death;
3. Exception if >1 child + all to H.
4. Abate across all classes.

Question 17

Stock split or stock dividend (non-cash) when portion gifted.

Answer 17

1. If T made specific gift of portion of stock and it splits;
2. B entitled only to proportionate share (e.g., T owns 500 shares but devises 100 to B, stock splits, B gets 100 shares, not 500).
3. Same rule with stock dividend.

Question 18

Will speaks as of

Answer 18

1. Date of death;
2. not execution
3. so “my car” at death is whatever car testator owned at death.

Question 19

Classification of increased gift

Answer 19

1. if specific gift of 100 shares, B will take 200 if given by
2. Stock dividend;
3. stock split;
4. merger, etc.
5. But if GENERAL devise, will only take whatever was mentioned in will

Question 20

Testamentary capacity

Answer 20

1. 18 years old; and
2. Of sound mind:
3. a. Relationship to decedent
4. b. Nature of the testamentary act;
5. c. Nature and extent of property

Question 21

Interested witness creates…(DUFIB)

Answer 21

DUFIB

1. Presumption of undue influence, duress, or fraud;
2. Burden of proof on interested witness ot overcome;
3. Otherwise they take according to intestacy.

Question 22

Extrinsic evidence is admissible to prove

Answer 22

VESA

1. Validity or show revocation;
2. Erroneous description correction;
3. Scrivner’s error; or
4. Ambiguity clarification.

Question 23

Fraud

Answer 23

CII
1. Invalid to extent procured by;
2. Intent of influencing disposition;
3. Causation

Question 24

Rebut presumption of undue influence by…

Answer 24

1. Genesis of gift arose with testator;
2. Devisee did not goad testator into making gift;

Question 25

Facts of independent significance

Answer 25

1. Will provision that disposes of property by reference to acts and events; that have
2. Significance apart from their effect on the dispositions made in the will;
3. Are given effect.
4. (e.g., T devises to “my wife” and remarries is an act of independent significance).

Question 26

Integration

Answer 26

1. Will consists of all papers actually present;
2. Testator intended to constitute will;
3. Physical connection or logic.

Question 27

UnAdopted child can take when

Answer 27

1. Lived with under 18
2. maintained relationship
3. Joint lifetimes of stepparent
4. C&C but for legal barrier.