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Flashcards in FL Wills Deck (10)
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1

If the testator’s assets are insufficient to pay all death costs and still satisfy all gifts made by the will, which of the following gifts will be first to abate?

A Specific gifts of property

B Gifts to the surviving spouse

C Property passing by intestacy

D General legacies

C Property passing by intestacy

If the testator’s assets at death are insufficient to pay all death costs and still satisfy all gifts made by the will, property passing by intestacy will be the first to abate. This will occur in situations such as those in which the decedent left a will that did not make a complete disposition of the estate (i.e., partial intestacy).
After property passing by intestacy, residuary devises and bequests are abated. After residuary devises and bequests, general legacies are abated. After general legacies, specific gifts of property are abated.
Gifts to the decedent’s surviving spouse do not abate until all other devises of the same class are exhausted.

2

In the administration of an insolvent estate, which of the following expenses is paid first?

A Administration expenses

B Funeral expenses

C Family allowance

D General creditors’ claims

A Administration expenses

Administration expenses are in the first class of claims paid to creditors during the administration of an insolvent estate. They are a Class 1 claim.
There are eight classes of claims in the administration of insolvent estates. The claims are paid in order of priority from Class 1 to Class 8. Funeral expenses are a Class 2 claim. Family allowance is a Class 5 claim. General creditors’ claims are in the lowest priority class of claims, Class 8.

3

In addition to the amounts passing to the surviving spouse under the decedent’s will, the surviving spouse is entitled to household furniture and furnishings worth a maximum net value of _____________.

A $4,000
B $18,000
C $20,000
D $40,000

C $20,000

The surviving spouse is entitled to household furniture, furnishings, and appliances in the decedent’s estate up to a net value of $20,000. This is in addition to homestead rights, a family allowance, and property granted to her under the will.

4

Which of the following must precede the payment of a family allowance to a surviving spouse?

A The administration of the decedent's estate must be completed.

B The surviving spouse must a file notice of election to take an elective share of the estate.

C The surviving spouse must demonstrate to the court need for the allowance.

D The surviving spouse must petition the court for the allowance.

D The surviving spouse must petition the court for the allowance.

For a surviving spouse to be paid a family allowance, the surviving spouse must petition the court for the allowance, which is ordered after notice and a hearing.
The purpose of the family allowance is to provide funds for support of the surviving spouse and children during the period in which the decedent’s assets are tied up in probate administration.
The surviving spouse does not need to seek his elective share in order to take the family allowance. Also, the family allowance would be in addition to the amount passing to the surviving spouse (or children) by will, intestacy, elective share, or homestead.
The surviving spouse does not need to show need for the allowance; he is entitled to it even if he has sufficient funds to support himself.

5

During the estate administration, which of the following expenses is paid after the family allowance is paid?

A Administration expenses

B Funeral expenses up to $6000

C Hospital expenses of the last 60 days of the last illness

D Balance due on a car loan.

D Balance due on a car loan.

General creditors’ claims, such as the amount owed on a car loan, are paid after the family allowance is paid.
The family allowance is a Class 5 claim. Only expenses of administration, funeral expenses (up to $6,000), debts and taxes with preference under federal law, and expenses of last illness (for last 60 days) take precedence. The family allowance is paid before any other debts of the decedent are paid.

6

In his will, T, a Florida testator, left his expensive watch to his son. At T's death, the son learned that the watch had been sold before T's death. In considering whether the gift of the watch was adeemed, which of the following would a Florida court NOT consider?

A The testator's expression of intent

B Whether T purchased a new watch shortly before his death

C Whether the proceeds from the sale of the watch were kept in a separate bank account

D Whether the watch was sold by a guardian

B Whether T purchased a new watch shortly before his death

The court will NOT consider whether T purchased a new watch shortly before his death.
Most courts do not consider the testator's intent when deciding whether an item was adeemed—if the item is not in the testator's estate at death, the gift is adeemed. However, Florida follows the minority rule and allows evidence of the testator's intent to help determine whether the gift was adeemed. Thus a Florida court will consider expressions of the testator's intent. Also, the testator's segregating the proceeds of the sale may indicate his intent that the gift did not adeem. Furthermore, most courts, including Florida courts, will consider whether the item was sold by someone other than the testator, such as a guardian.
Buying another watch, however, does not indicate that T intended his son to take the new watch so it is not helpful in determining the T's intent.

7

Florida’s anti-lapse statute applies to which of the following beneficiaries?

A A predeceased beneficiary’s estate

B A nephew

C A sister-in-law

D A spouse

B A nephew

A gift to nephew falls under Florida’s anti-lapse statute. The statute provides that a predeceasing beneficiary’s surviving descendants will take his share per stirpes if the following two conditions are met:
(1) the beneficiary is a grandparent or a descendant of a grandparent of the testator, and
(2) the beneficiary is dead when the will is executed, fails to survive the testator, or is required by the will or by operation of law to be treated as having predeceased the testator.
A nephew is a descendant of the testator's grandparent and thus his surviving descendants may take his gift.
The statute does not save the gift for the predeceased beneficiary’s estate.
A gift to the testator’ sister-in-law or spouse will not be saved by the anti-lapse statute, because an in-law or spouse is not a descendant of the testator’s grandparent.

8

Hank and Wilma are married. Hank drafts a will, devising all of his assets to Wilma. Wilma drafts a will, devising all of her assets to Hank. Hank and Wilma draft a contract, agreeing not to revoke their respective wills. Each one acts as the other’s witness to the contract. May Hank now revoke his will?

A No, because he signed a contract with Wilma to not revoke his will.

B No, because Wilma is his wife.

C Yes, because contracts to not revoke wills are always invalid.

D Yes, because the contract was not witnessed by two witnesses.

D Yes, because the contract was not witnessed by two witnesses.

A will can be revoked if the contract restricting its revocation was not witnessed by two witnesses. Under the Florida statute, an agreement “to make a will, to give a devise, not to revoke a will, not to revoke a devise, not to make a will, or not to make a devise” must be signed by the agreeing party in the presence of two witnesses.
A will may be revoked despite a contract not to revoke when, as in the case here, the contract was not properly executed.
Joint or mutual wills are not affected by whether the devisee is the testator’s spouse.

9

In order to be incorporated by reference into a will, a document must be _______________.

A drafted by the testator herself

B in existence at the time of the testator’s death

C in existence at the time the will is probated

D in existence at the time the will is executed

D in existence at the time the will is executed

A document must exist at the time a will is executed in order to be incorporated by reference into that will. The time of execution is the essential time; the time of the testator's death or of the will's probate is not relevant to incorporation by reference.
Authorship does not affect the ability of a testator to incorporate a document by reference into her will. Any document may be incorporated by reference, whether drafted by the testator herself or by someone else, as long as it exists at the time the will is executed.

10

The Uniform Simultaneous Death Act applies only when there is no _________ evidence of _______.

A conclusive, death
B conclusive, survival
C sufficient, death
D sufficient, survival

D sufficient, survival

The Uniform Simultaneous Death Act applies only if there is no sufficient evidence of survival. When title to property or its devolution depends on priority of death and there is insufficient evidence that the persons have died otherwise than simultaneously, the property of each person shall be disposed of as if that person survived.