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MEE Flashcards

1
Q

Agency

A

A fiduciary relationship where an agent acts for and under the control of a principal.

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2
Q

Agency Creation

A

ABC Assent, Benefit, Control. Principal must have legal capacity; agent needs minimal capacity.

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3
Q

Authority Types

A

Actual (expressed or implied), Apparent (based on reasonable third-party reliance), Implied (resulting from necessity, prior actions, or custom/title).

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4
Q

Undisclosed Principal

A

Can’t create apparent authority. Liable if agent induces change in third party’s position, principal knew but didn’t notify.

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5
Q

Duties of Loyalty

A

No competition, usurping opportunities, self-dealing, secret profits.

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6
Q

Remedies for Breach

A

Principal can recover agent’s profits or impose a constructive trust.

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7
Q

Consequences of Agency

A

Duties arise, agent can bind principal, liability for agent’s actions, agent’s knowledge imputed.

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8
Q

Principal’s Duties to Agent

A

Compensation, expense reimbursement, indemnification.

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9
Q

Duty of Care

A

Perform with reasonable care, act within actual authority, use competence, indemnify for wrongful acts.

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10
Q

Agent’s Duty to Principal

A

No usurping, secret profits, or competition.

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11
Q

Accounting Duty

A

Agents must account for money/property and keep assets separate.

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12
Q

Duty of Candor

A

Fully disclose relevant facts to the principal.

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13
Q

Third Party’s Rights

A

Can sue principal or agent upon discovering undisclosed principal.

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14
Q

Estoppel

A

Principal can’t deny agency if no manifestation of no authority.

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15
Q

Ratification

A

Retroactive approval of agent’s act if principal accepts terms with knowledge.

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16
Q

Independent Contractor Factors

A

Independence, working for others, fixed fee, own tools.

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17
Q

Frolic and Detour

A

Personal errand outside scope, slight deviation may be within.

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18
Q

Negligent Hiring

A

Principal liable for harm due to negligence in agent selection, training, etc.

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19
Q

Employer’s Liability for Torts

A

Generally not liable for employee’s intentional torts unless in time/space limits, motivated to benefit, or act within job description.

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20
Q

Employer Tort Liability

A

Vicarious liability for servant (employee) in scope of employment, but not always for independent contractor.

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21
Q

Apparent Authority & Tort Liability

A

Principal may be liable for independent contractor’s torts if apparent authority implied.

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22
Q

Independent Contractor vs. Employee

A

Control degree distinguishes; more control suggests employee relationship.

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23
Q

Principal Liability to Independent Contractors

A

Not liable except for inherently dangerous activities, nondelegable duties, or negligent hiring.

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24
Q

Agency Termination

A

Either party can terminate; agent’s apparent authority continues until third party is notified of termination.

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25
Q

General Partnership

A

A business co-owned by two or more persons for profit.

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26
Q

Joint Venture

A

An association for a single transaction or related transactions.

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27
Q

Dissociation

A

A partner’s withdrawal from the partnership.

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28
Q

Winding Up

A

Process of settling partnership affairs.

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29
Q

Termination

A

When all partnership affairs are concluded.

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30
Q

Mandatory Dissolution

A

Forced dissolution per statute.

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31
Q

Permissive Dissolution

A

Dissolution by unanimous consent, regardless of agreement.

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32
Q

Limited Liability Partnership

A

Partners are shielded from each other’s negligence or misconduct.

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33
Q

Limited Partnership

A

Combines general and limited partners.

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34
Q

General Partner

A

Manages, unlimited liability.

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35
Q

Limited Partner

A

Contributes, no management, liability limited to contribution.

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36
Q

Liability in General Partnership

A

All partners liable for partnership debts.

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37
Q

Partnership Definition

A

Coownership for profit sharing.

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38
Q

Partnership Allocation

A

Profits shared equally after liabilities.

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39
Q

Dissociated Partner

A

Can bind partnership if third party lacks notice of dissociation.

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40
Q

Partnership Formation

A

Based on agreement, no formal requirement.

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41
Q

Partnership vs. Joint Venture

A

Partnership indefinite; joint venture for specific transactions.

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42
Q

Capacity to Enter Partnership

A

Legal contract capacity.

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43
Q

Test for Partnership

A

Intent, not formal label.

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44
Q

Sharing Profits

A

Prima facie evidence of partnership, except certain payments.

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45
Q

Sharing Gross Returns

A

Alone doesn’t establish partnership.

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46
Q

Common Property

A

Doesn’t create partnership.

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47
Q

Control of Business

A

Partners must have ultimate control.

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48
Q

Partnership by Estoppel

A

Liability if representation of partnership.

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49
Q

Power of Each Partner

A

All partners are agents; partner’s act binds if authority exists.

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50
Q

Authority of Each Partner

A

Express or implied authority; acts in ordinary course bind.

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51
Q

Statement of Partnership Authority

A

May specify restrictions.

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52
Q

Notice to a Partner

A

Notice to one partner is notice to partnership.

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53
Q

Nature of Partnership Liability

A

Joint and several liability for all obligations.

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54
Q

Extent of Partnership Liability

A

Each partner liable for entire obligation but can seek contribution.

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55
Q

Property Originally Brought In

A

Initial property is considered partnership capital.

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56
Q

Property Subsequently Acquired

A

Partnership property unless contrary intention.

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57
Q

Property Purchased w/ Partnership Funds

A

Presumed partnership property.

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58
Q

Real Property Belonging

A

Can own real property.

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59
Q

Conveyance of Real Property

A

Partners may convey.

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60
Q

Dissociation

A

Partner’s withdrawal.

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61
Q

Wrongful Dissociation

A

Willful withdrawal contrary to agreement.

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62
Q

Effect on Partner’s Rights

A

Ends management rights; loyalty and care continue for past matters.

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63
Q

Buyout of Dissociated Partner

A

Partnership must buy dissociated partner’s interest.

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64
Q

Continuing Obligations

A

Outgoing partner remains liable for past obligations.

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65
Q

Termination of Binding Authority

A

Limited for dissociated partner.

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66
Q

Mandatory Dissolution

A

Occurs per statute, agreement, or bankruptcy.

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67
Q

Continuance after Dissolution

A

Partnership continues for winding up.

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68
Q

Right to Wind Up

A

Generally, partners not wrongfully dissociated can participate.

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69
Q

Order of Distribution

A

Creditors first, then partners.

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70
Q

Settlement of Accounts

A

Partners entitled to settlement during winding up.

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71
Q

Contribution by Partners

A

Required if partnership assets insufficient.

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72
Q

Characteristics of Partnerships

A

Governed by RUPA, unlimited liability, co-management, fiduciary duties, profit sharing.

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73
Q

Duty of Business Opportunity

A

Partner can’t exploit without disclosure and approval.

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74
Q

Limited Partner vs. General Partner

A

Limited has no management, limited liability.

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75
Q

Formation of Limited Partnership

A

Certificate of limited partnership.

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76
Q

Limited Partner’s Contributions

A

Can contribute cash, property, services, or promissory note.

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77
Q

Limited Partner’s Mistaken Status

A

Protected if erroneously believed to be limited partner.

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78
Q

Limited Partner’s Authority

A

Can’t bind partnership.

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79
Q

Limited Partner’s Duty

A

No fiduciary duty to partnership.

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80
Q

General Partner’s Rights

A

Same as regular partners.

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81
Q

Partnership Property

A

Owned by partnership; criteria for identification.

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82
Q

Estoppel Theory in Partnership

A

Appearance of employee-employer relationship, third-party reliance.

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83
Q

Forming a Corporation

A

PPA: People, Paper, Act

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84
Q
  1. People
A

Incorporators are needed, can be individuals or entities. They execute and deliver articles of incorporation to the Secretary of State.

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85
Q
  1. Paper (Articles of Incorporation)
A

It’s a contract between the corporation and shareholders and between the corporation and the state. Must include corporate name, incorporators’ info, directors’ info, registered agent, and office address.

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86
Q
  1. Act
A

Incorporators deliver notarized articles to the Secretary of State, pay fees, forming the corporation. Organizational meeting follows, where officers are selected and bylaws adopted. Internal affairs governed by state law.

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87
Q

Liability

A

Directors, officers, and shareholders generally have limited liability. Corporation is a separate legal entity. Failure to form properly can result in personal liability. De facto and corporation by estoppel doctrines may apply.

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88
Q

Bylaws

A

Internal rules, not filed with the state. Amended by shareholders or board. Articles prevail in case of conflict.

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89
Q

Pre-Incorporation Contracts

A

Promoters may enter contracts on behalf of the yet-to-be-formed corporation. Corporation not liable until adoption (expressly or impliedly).

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90
Q

Foreign Corporations

A

Must qualify in other states to transact intrastate business. Certificate of authority needed, registered agent required.

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91
Q

Subscriptions

A

Irrevocable for six months (pre-incorporation), revocable until accepted by the corporation (post-incorporation).

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92
Q

Corporate Purpose

A

Generally, the corporation must state its purpose, but in some states, a general purpose is presumed.

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93
Q

Duties of Directors

A

Duty of care (prudent person standard), duty of loyalty (act in the best interests of the corporation).

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94
Q

Indemnification

A

Corporation may indemnify directors/officers, mandatory or permissive, based on good faith and reasonableness.

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95
Q

Shareholder Voting

A

Record shareholders have voting rights, proxies are allowed. Cumulative voting may be used when electing directors.

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96
Q

Fundamental Changes

A

Require board action, shareholder approval, and often filing with the Secretary of State. Dissenting shareholders may have rights of appraisal.

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97
Q

Dissolution

A

Voluntary (board and shareholder approval) or involuntary (court ordered for certain reasons). Winding up and distribution follow.

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98
Q

Securities

A

Debt (creditor) vs. Equity (owner) securities. Securities laws, such as 10b5, aim to prevent deceit in securities transactions.

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99
Q

Piercing the Corporate Veil

A

Courts can hold shareholders personally liable for corporate debts if certain conditions are met, such as fraud or ignoring corporate formalities.

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100
Q

Shareholder Appraisal Rights

A

Dissenting shareholders can force the corporation to buy their shares at fair value in fundamental corporate changes.

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101
Q

Shareholder Approval

A

Required for significant corporate changes like amending articles, merging, or dissolving the corporation. Shareholders may also vote on other matters.

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102
Q

Secured Transaction

A

Transaction creating a security interest (lien, collateral) in personal property or fixtures to ensure repayment.

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103
Q

To spot a secured transaction

A

Look for 1) a credit transaction and 2) an agreement that creates a lien in favor of the creditor in the debtor’s personal property to secure the debt.

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104
Q

Sale on Credit (Credit Sale)

A

Buyer doesn’t pay full purchase price at the time of the sale.

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105
Q

Debtor

A

Person who owes payment or performance.

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106
Q

Creditor

A

Entity owed money.

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107
Q

Secured Creditor

A

Entity owed money with a security interest.

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108
Q

Security Interest

A

Interest in personal property or fixtures securing payment or performance.

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109
Q

Security Agreement

A

Requires language creating a security interest, debtor’s signature, and description reasonably identifying collateral.

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110
Q

Owner in a secured transaction

A

The debtor, unless the contract states otherwise.

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111
Q

Consumer Goods

A

For personal, family, or household use.

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112
Q

Equipment

A

Used for business.

113
Q

Farm Products

A

Grown by farmers.

114
Q

Inventory

A

Goods for sale or materials used by a business.

115
Q

Intangible Instruments

A

Papers representing the right to be paid money.

116
Q

Documents

A

Right to receive goods.

117
Q

Chattel Paper

A

Evidence of monetary obligation and security interest.

118
Q

Investment Property

A

Stocks, bonds, mutual funds, brokerage accounts.

119
Q

Accounts

A

Right to payment for property sold or services rendered.

120
Q

Attachment

A

When a security interest is created and effective against the debtor.

121
Q

Perfection

A

Creating a security interest that is effective against other creditors.

122
Q

Methods of Perfection

A

Filing, Possession, Control, Automatic Perfection (PMSI in consumer goods), Temporary Perfection.

123
Q

Priority Rules

A

First to File or Perfect.

124
Q

PMSI Priority

A

PMSI in goods has priority if perfected before or within 20 days.

125
Q

Real Estate Priority

A

Real estate interest prevails over a subsequent PMSI.

126
Q

Fixture Filings

A

File where a mortgage on real estate would be filed.

127
Q

Accessions

A

Goods physically united with others, identity not lost.

128
Q

5 Methods of Perfection

A
  1. Filing. 2. Possession. 3. Control. 4. Automatic Perfection. 5. Temporary Perfection
129
Q

PMSI in Consumer Goods

A

Automatically perfected upon attachment.

130
Q

PMSI in Motor Vehicle

A

Perfected by notation on the vehicle’s title.

131
Q

Common law marriages are valid when parties

A
  1. Agree they are married. 2. Cohabit as married. 3. Hold themselves out in public as married.
132
Q

Conflict of laws for marriage

A

Valid in another state unless against strong public policy.

133
Q

Putative marriage

A

arises when an innocent party believes in good faith in a valid marriage but later discovers an impediment. Remedies include spousal support and property distribution.

134
Q

No-fault divorce

A

Typical standard is irreconcilable differences.

135
Q

Cruelty is a fault-based ground arising from physical or emotional abuse.

A

is a fault-based ground arising from physical or emotional abuse.

136
Q

Separation

A

Some states require separation before divorce.

137
Q

Mediator’s code of conduct

A

Impartiality, explain process, control proceedings, no coercion.

138
Q

Community property

A

Minority rule - 50/50 split.

139
Q

Equitable distribution

A

Majority rule - fair distribution.

140
Q

Spousal support factors

A

Resources, standard of living, time to find employment/education, marriage length, contributions, age/health, marital misconduct.

141
Q

Permanent alimony

A

Lifelong support for dependent spouse.

142
Q

Limited-duration alimony

A

Short marriage support.

143
Q

Rehabilitative alimony

A

Support until education/employment.

144
Q

Reimbursement alimony

A

Compensates for enhancing future standard of living.

145
Q

Spousal support modifiable based on changed circumstances.

A

changed circumstances.

146
Q

Court deviation from income share models

A

Best interest, child’s age/needs, special needs, assets, prior standard of living.

147
Q

Child support modifications

A

Permissible for substantial changes in circumstances.

148
Q

Child support based on voluntary income reduction

A

Must be in good faith.

149
Q

Timing of modification

A

Only future payments modified.

150
Q

Child support obligations end

A

at majority or as ordered.

151
Q

UCCJEA determines

A

custody jurisdiction and modification.

152
Q

UCCJEA subject matter jurisdiction based on

A

child’s home state, past 6 months, significant connection, substantial evidence.

153
Q

UIFSA determines

A

personal jurisdiction for child support and paternity.

154
Q

UIFSA personal jurisdiction based on

A

personal service, past residence, intercourse, and conception.

155
Q

Custody determined by child’s best interest; factors include

A

primary caretaker, child’s preference, financial ability, relationships, and past conduct.

156
Q

Third-parties get custody when legal parents are

A

unfit or detrimental.

157
Q

Third-parties get visitation if

A

acting as loco parentis.

158
Q

Custodial parent relocating must show

A

legitimate purpose, child’s best interest, relationship, age, and quality of life.

159
Q

Premarital agreements enforceable if

A

written, signed, full disclosure, fair, voluntary.

160
Q

Property acquired during marriage is

A

marital property unless gifted or inherited.

161
Q

Bigamy is

A

void; subsequent marriage valid if prior marriage terminated.

162
Q

Requirements for an Express Trust (8)

A
  1. settlor 2. delivery 3. property 4. trustee 5. beneficiary 6. intent 7. lawful purpose 8. document
163
Q
  1. Settlor
A

The person who creates the trust.

164
Q
  1. Delivery
A

Transfer of legal title to property.

165
Q
  1. Property
A

The assets placed in the trust.

166
Q
  1. Trustee
A

Holds legal title for the beneficiary.

167
Q
  1. Beneficiary
A

The person who benefits from the trust.

168
Q
  1. Intent
A

Clear and unambiguous intention to create a trust.

169
Q
  1. Lawful Purpose
A

The trust must have a legal purpose.

170
Q
  1. Validly Executed Document
A

The trust document must be properly executed.

171
Q

Express Trust (defined)

A

A legal device allowing the owner to transfer property for management on behalf of someone else.

172
Q

Two Kinds of Express Trust

A
  1. Lifetime trust (inter vivos). 2. Testamentary trust (set up in the will).
173
Q

Not Required for Creating a Trust

A

Consideration.

174
Q

Eligible Settlor

A

Anyone 18 or older with the capacity to enter into contracts.

175
Q

Effective Delivery

A

Assets must be out of Settlor’s control unless the Settlor is also the trustee.

176
Q

Property Requirements

A
  1. Owned property, not a mere expectancy.v2. Identified property, not subject to future determination.
177
Q

Trustee Eligibility

A

Anyone with the capacity to hold property.

178
Q

Trust Beneficiaries (3 things)

A
  1. Must be definite and ascertainable. 2. Ambiguity leads to a resulting trust. 3. Exception for unborn descendants of named individuals.
179
Q

Intent Requirements (3 things)

A
  1. Clear and enforceable obligation. 2. Trustee must have duties to perform. 3. Clear and unambiguous intent.
180
Q

Lawful Purpose

A
  1. Cannot involve a crime. 2. Cannot destroy property. 3. Cannot be against public policy.
181
Q

Trusts of Land

A

Must be in writing and signed by the settlor.

182
Q

Revocable Lifetime Trust

A

Main Requirement - At least one non-settlor beneficiary.

183
Q

Reasons for Revocable Inter Vivos Trusts

A
  1. Efficient asset management. 2. Planning for incapacity. 3. Avoiding probate.
184
Q

Reasons NOT to have Revocable Inter Vivos Trusts (2)

A
  1. Does not avoid taxes. 1a. If settlor retains income interest, full assets included in gross estate.
185
Q

Pour-Over Gifts

A

Gifts made in a will to an existing revocable trust.

186
Q

Life Insurance Proceeds (2 ways)

A
  1. Name trustee as policy beneficiary. 2. Name “the trustee named in my will” as beneficiary.
187
Q

Totten Trust

A

Bank account in the depositor’s name “as trustee for” a named beneficiary.

188
Q

Totten Trust (2 key things)

A
  1. Depositor can manage funds during life. 2. Beneficiary has no interest during depositor’s life, inherits upon death.
189
Q

Ways to Revoke Totten Trust (4)

A
  1. Withdraw all money. 2. Manifest revocation intent. 3. Revoke in a will. 4. Death of beneficiary returns funds to depositor.
190
Q

Changing Beneficiary of Totten Trust

A

Done by depositor with a notarized statement to the bank.

191
Q

Creditor Access to Totten Trust

A

Creditors can always access the account.

192
Q

Joint Bank Accounts with Right of Survivorship

A

3rd parties can block survivorship with clear and convincing evidence.

193
Q

Charitable Trusts (5 things)

A
  1. Indefinite beneficiaries. 2. Charitable purpose. 3. May be perpetual. 4. Cy Pres. 5. Attorney General represents beneficiaries.
194
Q

Honorary Trust

A

Assets fall into the residuary unless trustee administers them for a garden/car’s benefit.

195
Q

Constructive Trust

A

Imposed by court to disgorge unjust enrichment or protect from fraud.

196
Q

Statutory Spendthrift Rule

A

Protects beneficiary’s interest from creditors, with exceptions.

197
Q

Self-Settled Rule

A

Spendthrift protection doesn’t apply to any interest retained by the settlor.

198
Q

Trust Modification by Beneficiaries

A

Requires unanimous consent and no defeat of trust objectives.

199
Q

Claflin Doctrine

A

Prohibits trust modification if it contradicts settlor’s clear intent.

200
Q

Two-Level Modification Test

A

Material purpose and specific directions determine if trust can be changed.

201
Q

Trust Termination by Settlor

A

Trusts are irrevocable unless expressly reserved in the trust.

202
Q

Trustee’s Powers (6)

A
  1. Sell property. 2. Mortgage property. 3. Lease property. 4. Make ordinary repairs. 5. Contest or settle claims. 6. Manage trust corpus.
203
Q

Trustee’s Limits (3)

A
  1. No self-dealing. 2. No borrowing from trust. 3. No continuing a business without court approval.
204
Q

Self-Dealing (5 ways)

A
  1. Buying/selling trust assets to oneself. 2. Borrowing trust funds. 3. Lending money to the trust. 4. Profiting from trustee services. 5. Corporate trustee buying its own stock.
205
Q

Self-Dealing Remedies (2)

A
  1. Removal of trustee. 2. Surcharge for losses incurred.
206
Q

Indirect Self-Dealing

A

Applies to loans or sales to relatives or trustee-related businesses.

207
Q

Exculpatory Clauses

A

Cannot shield trustees from all liability, except for specific defenses.

208
Q

Personal Liability of Trustee in Contract

A

Trustee personally liable unless contract explicitly shields them.

209
Q

Trustee Reimbursement in Contract

A

Trustee reimbursed if contract within powers and proper administration.

210
Q

Personal Liability of Trustee in Tort

A

Trustee personally liable for torts but can be reimbursed if not personally at fault.

211
Q

Trustee Investment Power (UPIA)

A

Trustee can pursue modern portfolio theory, focusing on total return.

212
Q

Prudent Investor Rule (UPIA)

A

Trustee must consider role in portfolio and expected total return.

213
Q

Discretionary Trust

A

Trustee has broad discretion over investments and income distribution.

214
Q

Trust Income

A

Beneficiaries receive net income, and remaindermen get corpus upon trust termination.

215
Q

Implied Trust

A

Created by court in specific circumstances, often to prevent fraud.

216
Q

Secret Trust

A

Appears testamentary but relies on beneficiary’s promise to hold property for another.

217
Q

Support Trust

A

Instructs trustee to spend only as much as needed for the beneficiary’s support.

218
Q

Power of Appointment Trust

A

Grants a general power of appointment to a spouse for asset disposal.

219
Q

Anti-Lapse Statute

A

Provides substitute beneficiaries to prevent a lapsed gift.

220
Q

No heirs

A

Property goes to the state (escheats).

221
Q

Community Property Rules

A

Surviving spouse gets 100% of community property.

222
Q

Definition of Issue

A

Lineal descendants, including children, grandchildren, and great-grandchildren.

223
Q

Adoption

A

Adopted children inherit like biological children, severing ties with natural parents.

224
Q

Stepparent Adoption

A

Establishes parent-child relationship, but does not prevent inheritance from the other genetic parent.

225
Q

Posthumously Born Children

A

Child conceived before, born after, mother’s husband’s death. Presumption of husband’s child if born within 280 days; otherwise, must prove parentage.

226
Q

Non-Marital Children

A

Out-of-wedlock child can inherit if father later marries mother, holds child out as his own, or paternity is proven.

227
Q

Per Stirpes

A

Equal shares to lineal descendants, even if some generations have no survivors.

228
Q

Per Capita

A

Equal distribution to all of equal kinship.

229
Q

Per Capita with Representation

A

Unequal distribution, with shares moving to surviving issue.

230
Q

Ancestors and Remote Collaterals

A

If no spouse or descendants, property may go to parents, grandparents, or more distant relatives.

231
Q

UPC Intestacy Order

A

Parents, siblings, grandparents, closest relative, or escheat to the state.

232
Q

Formal Will Requirements (Three)

A
  1. Signed writing. 2. Witnesses. 3. Testamentary intent.
233
Q

Writing Signed by Testator

A

Entire will must be written and signed, location of signature may vary.

234
Q

Capacity

A

Testator must be at least 18 and of sound mind.

235
Q

Witnesses

A

Most states require two witnesses, signing in presence of testator, who must also sign.

236
Q

Interested Witness

A

May not be competent, except under the UPC, which abolished the doctrine.

237
Q

Present Testamentary Intent

A

Testator must intend the document to be a will and understand its contents.

238
Q

Substantial Compliance

A

Under UPC, if clear and convincing evidence shows intent and substantial compliance, a will may be valid.

239
Q

Holographic Wills

A

Material provisions must be handwritten, signed, and show clear intent.

240
Q

Codicils

A

Amendments to will, executed with same formalities.

241
Q

Will Substitutes

A

Trusts, pour-over wills, deeds, payable-on-death contracts can substitute for wills.

242
Q

Conflict of Laws

A

Personal property governed by domicile at death. Real property governed by situs (location).

243
Q

Revocation of a Will (Three Ways)

A
  1. Subsequent instrument. 2. Physical act. 3. Operation of law (divorce).
244
Q

Subsequent Instrument

A

Later will or inconsistency with prior will may revoke.

245
Q

Revocation by Physical Destruction

A

Requires defacement of language, or mere alteration under UPC. Third party may revoke with testator’s consent.

246
Q

Lost Wills

A

Presumption of revocation, proponent must prove existence by clear and convincing evidence.

247
Q

Revocation by Operation of Law - Divorce

A

In most states, divorce revokes gifts to former spouse. Subsequent marriage does not revoke.

248
Q

Alteration of a Will

A

Testator can decrease a gift but cannot increase it.

249
Q

Revoking Codicils

A

Revoking a will revokes attached codicils, but revoking a codicil does not revive the original will.

250
Q

Revival

A

Can occur through republication or dependent relative revocation.

251
Q

Republication

A

Requires intent to revive and extrinsic evidence may be admissible.

252
Q

Dependent Relative Revocation (DRR)

A

Revokes mistaken revocation and revives earlier will if based on a mistake.

253
Q

Construction

A

Courts determine the terms and distribution of a will.

254
Q

Integration

A

All pages intended to be part of the will are included.

255
Q

Plain Meaning Doctrine

A

Words are given their plain meaning unless the will states otherwise.

256
Q

Incorporation by Reference

A

Extraneous documents can be included if described sufficiently in the will.

257
Q

Acts of Independent Significance

A

Future acts unrelated to the will can affect distribution.

258
Q

Lapses and Anti-Lapse Statute

A

If beneficiary dies before testator, anti-lapse statutes apply, and issue of the predeceased beneficiary may take.

259
Q

Class Gift Rule under Anti-Lapse Statutes

A

If anti-lapse statute applies, issue of predeceased class members may also take.

260
Q

Classification, Abatement, and Ademption

A

Assets are classified as specific, general, demonstrative, or residuary gifts, and abatement may occur to satisfy debts.

261
Q

Abatement Order

A
  1. Intestate property (not mentioned in the will) 2. Residuary bequests 3. General bequests 4. Specific bequests
262
Q

Ademption by Extinction

A

Property no longer in estate. Treat as laspe

263
Q

Traditional Rule

A

Beneficiary gets nothing.

264
Q

UPC

A

Intent of testator matters; replacement property possible.

265
Q

Ademption by Satisfaction

A

Gift satisfied during life. Requires testator’s intent and written support.

266
Q

Special Cases

A

Stocks: Include additional shares, stock dividends. Life Insurance: Policy proceeds to named beneficiary.

267
Q

Ambiguities in Will

A

Traditionally, patent (on the face) and latent (not apparent) ambiguities. Today, many states allow both to be resolved with extrinsic evidence.

268
Q

Mistakes

A

Extrinsic evidence allowed for mistakes in execution, not reasons for making the will.

269
Q

Omitted Spouse

A

Omitted spouse gets a share unless it was intentional or a valid contract waives it.

270
Q

Omitted Children

A

Omitted children get a share if unintentionally omitted.

271
Q

Rights of Surviving Spouse

A

Entitled to support, allowances, and social security benefits.

272
Q

Elective Share

A

Surviving spouse can claim a forced share, often 50% of the augmented estate.

273
Q

Waiver of Elective Share

A

Requires a written waiver with fair disclosure, represented by legal counsel.

274
Q

Advancements

A

Lifetime gifts to children may count against their intestate share.

275
Q

Homicide (“Slayer Statute”)

A

Killer cannot inherit from the victim.

276
Q

Elder Abuse

A

Convicted abusers cannot inherit from their victims.

277
Q

Disclaimer

A

A beneficiary can refuse a gift but must do so within 9 months of the decedent’s death.

278
Q

Objections to Will

A

Only interested parties can challenge a will within 6 months of probate.

279
Q

Will Contests

A

Grounds include lack of capacity, insane delusion, undue influence, fraud, and mistake.

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