Estate Law Flashcards
(29 cards)
Intestate
Without a will, passes to heirs
Per Capita
equally to each individual [all property to pass to the descendants per capita] used of a method of distributing an esp. intestate estate
Per Stirpes
Per stirpes distribution provides for division of an estate equally among the members of the group of descendants having a particular degree of kinship (as children), with the issue (that is, the offspring) of a deceased member of that group representing the deceased member, taking the deceased member’s share, and dividing it equally among themselves. For example, if a decedent had three children, one of whom had already died leaving issue, the estate would be divided into thirds, with each living child receiving a one-third share, and the issue of the deceased child dividing a one-third share equally amongst themselves.
Escheat
The way unclaimed property is returned to the state. Heirs have two? years to appear.
Testate
With a will - passes to beneficiaries/devisees/legacies
Bequest
Disposition of property
Devise
Real property
Legacy
Cash money
GA Will Requirements
Writer must be at least 14 years old, written, signed, witnessed by 2 disinterested people (each page inititialed by everyone); convicted criminals may make a will.
No crossing out, no alterations; must be notarized. Void provisions may not doom the Will, if it can stand on its own without such clause.
Bizarre Will Things
- Capacity, sign at the end of the document and actually witness the signing.
- Can leave money to dog or cat’s caretaker, with a judge constructing intent.
Hologrophaic Wills
Handwritten by testator, no witnesses - not valid in GA; if executed and witnessed right, can be valid in GA
Nuncupative Will
Done orally because under extreme circumstances - not recognized in GA
Disinheriting Relatives
Forced share of spouse and minor children (minor’s rights are cut off if married, or turns 18 prior to filing peitition)
Future Marriage
if no provision in the will addressing the effect of a new marriage, then the marriage of person writing will shall serve to revoke a will
Child Birth
within 10 months of testator’s death
Minors
wise to direct a guardian for the child in will
Codicil
Addition to existing will; shouldn’t contradict will. Inconsistent codicil is revoked.
Revocation
can revoke will without writing a new will by destroying all copies
Provision in new will
If this will is invalid go back to prior will (to prevent instestacy)
Probate Court
when testator dies with a will (court will rule on validity of will)
Probate Jurisdiction
county in which you are domiciled; with person in a nursing home, it’s the county of last immediate domicile. If testator isn’t GA resident, can be probate in county where assets are located
Executor/executrix
Named in will to “probate” the will; if appointment declined, the court will appoint a personal representative (county administrator)
Administrator/administratrix
Person died intestate
Notice to Creditors
Allows creditors to make a case against the state. After 4th notice in newspapers, creditors have 3 months to make their claim
