Testacy

Question 1

What property may be disposed of in a will:

Answer 1

1. Separate Property
2. 1/2 interest in community property
3. 1/2 interest in quasi-community property

Question 2

When is a prenuptial agreement unenforceable?

Answer 2

1. Agreement wasn’t voluntary
2. Agreement was unconscionable AND full disclosure of property did not occur; AND party didn’t expressly waive right to property not disclosed of; AND party didn’t have knowledge of the property of the other party

Question 3

A prenuptial agreement is voluntary only if:

Answer 3

1. Party had representation or expressly waived in writing separate counsel
   AND
2. At least 7 days to respond to the proposed agreement
   AND
3. If no counsel, the party had the effect of the agreement explained to him/her in writing and that the party executes a signed acknowledgement of such explanation
   AND
4. No duress, fraud, etc.

Question 4

What protections are there for the surviving spouse and dependent children to continue their normal lives after a death (with or without a will)?

Answer 4

Before “Inventory” is filed
1. For 60 days
2. can stay in family home and
3. retain wearing apparel and other chattels
After “Inventory” is filed
1. Court may set apart a probate homestead for a limited time
2. But that property may still be liable for claims
During administration of the estate
1. Allowance to spouse, minor children, certain adult children

Question 5

Can you really leave your wife out in the cold?

Answer 5

Yes.

Question 6

What happens if a decedent got married after the will?

Answer 6

The surviving spouse is entitled to take as if decedent died intestate.
UNLESS
1. Can establish from will that it was intentional that spouse not inherit
2. Decedent provided for the surviving spouse in other ways
3. Spouse agreed to waive the right to share in the decedent’s estate

Question 7

Can you disinherit a poor little cute minor child?

Answer 7

Yes.

Question 8

What happens if you have a kid after making a will?

Answer 8

The kid can inherit as if the decedent died intestate
UNLESS
1. The will establishes that disinheritance was intentional
2. If substantially all of the estate goes to other parent
3. the child is provided for through other transfers