Lesson 6 Probate Law

Question 1

model law enacted to achieve uniformity in probate proceedings throughout the US; not adopted by all states

Answer 1

uniform probate code (CPU)

Question 2

act/process of proving a will

Answer 2

probate

Question 3

court having jurisdiction over estates

Answer 3

probate court

Question 4

gift of real estate made by will

Answer 4

devise

Question 5

one who inherits real estate under a will

Answer 5

devisee

Question 6

gift of personal property under a will

Answer 6

request/legacy

Question 7

one who inherits personal property under will

Answer 7

legatee

Question 8

oral will dictated by testator/testatrix during last illness before appropriate witnesses; disposes of personal property; afterwards written down

Answer 8

nuncupative

Question 9

handwritten by testator/testratrix; legal if signed by appropriate witnesses

Answer 9

holographic

Question 10

informal nuncupative will by a soldier in the field/sailor at sea; disposes of personal property only

Answer 10

soldiers and sailors

Question 11

addition/admendment of a last will and testament executed with the same formality as the will

Answer 11

codicil

Question 12

proportional reduction of a legacy under a will when assets out of which such legacy are payable are not sufficient to pay it in full

Answer 12

abatement

Question 13

extinction/withdrawl of legacy by testators act

Answer 13

ademption

Question 14

equal share is given to each number of persons, all whom stand in equal degree to decedent

Answer 14

per capita

Question 15

property divided into lines of decedent, share of each line then divided by way of representation, not all parties receive equal share

Answer 15

per stirpes

Question 16

state/condition of dying without having made a will

Answer 16

intestacy

Question 17

succession of a heir at law to property and estate of his/her ancestor when the latter has died without a wil

Answer 17

interstate succession

Question 18

forfeit of decedents property to the state in absence of heirs

Answer 18

escheat

Question 19

appointed by will to carry out provisions therefore and settle estate

Answer 19

executor/executrix

Question 20

appointed by court to settle an estate. estate representation due to intensity

Answer 20

administrator/administratrix

Question 21

lisitng and valuation of a decedents assets

Answer 21

inventory

Question 22

inventory values plus income less expenses

Answer 22

accounting

Question 23

duties of representatives

Answer 23

inventory; deduct security interests form real estate mortage, secured loan parcel of real estate, personal property; pay claims and taxes; accounting; distribution of property

Question 24

estate unable to pay debts of decedent and/the estate

Answer 24

insolvent estate

Question 25

priority of claims against an estate in intestacy

Answer 25

funeral expenses; administration expenses; taxes; last illness expenses; all other expenses

Question 26

instrument in writing authorizing another to act as ones agent/attorney

Answer 26

power of attorney

Question 27

written document that governs withholding, withdrawl of life sustaining treatment for indivisual with uncurable/irreversible conditon that will cause death

Answer 27

living will