Pg 1 Flashcards
(39 cards)
What does ambulatory mean with regard to wills?
The will can be changed whenever the maker wants
What is an ancestor?
A parent, grandparent, or great grandparents
What is a descendent?
A child, grandchild, or great grandchild
What is ancillary probate?
A special probate proceeding that is opened for out-of-state real property
What is a bequest?
A gift of personal property
What is a devise?
A gift of land
What is clear and convincing evidence?
This is intermediate proof that is between a preponderance and a reasonable doubt. This evidence must be highly and substantially more probable to be true than not, and the trier of fact must have a firm belief or conviction and it’s factuality.
What is a codicil?
A document that is an amendment to a pre-existing valid will.
What do you have to watch out for with regard to codicils?
If the bar exam gives something that looks like a codicil, but there is no valid will under it [maybe that will was invalid], then the codicil doesn’t have enough information to be a will on its own, and without a valid will to attach the codicil to, there is nothing.
What are collateral kindred?
All people related by blood to the decedent that are not descendants or ancestors
What is common law marriage?
A period of cohabitation with the intent to be treated as a marriage. This is not recognized in many jurisdictions.
What is a devisee?
A named beneficiary in a will. The property is devised to them
What are heirs?
Relative that stands to gain from a decedent’s intestate estate. The property descends to them.
Is it possible for a living person to have heirs?
No, because while he is living, they are called his heirs apparent and they only have an expectancy that is contingent on them surviving the decedent. You can only have heirs if you are dead.
Is the expectancy of an inheritance considered to be a legal interest?
No
What does escheat mean?
Property reverts back to the state because there are no surviving relations and no disposition of property by the decedent
What are the elements of a gift?
- donative intent
- delivery (either physical or constructive)
– acceptance or receipt
What is an international will?
This is subject to special requirements that allow it to be probated in any country that signed the 1973 treaty
What does intestate mean?
Dying without a will
What does testate mean?
Dying with a will
What is issue?
Direct lineal descendants [kids, grandkids, great grandkids, etc.]
What are laughing heirs?
Remote relatives that inherit intestate property because there are no closer ones. These people hardly knew the decedent
What is a living will?
An instrument that says that someone that is terminally ill does not want their life prolonged via life-support, respiration, food, hydration, etc.
What is preemption with regard to ERISA?
ERISA is a federal statute that applies to employment, pensions, and benefit plans. Preemption applies when there is a conflict between state law and ERISA. If ERISA is applicable, it controls, regardless of state law
