Probate Flashcards Preview

Wills and Decedent's Estates > Probate > Flashcards

Flashcards in Probate Deck (10):

Distribution Analysis

1. Identify property as probate or non-probate
2. Identify whether there is will, and if it's valid
3. If no will, intestate succession



UPC- probate proceeding must be brought within 3 years of death (after there is presumption of intestacy)


Non-Claim Statute

Bars creditor from making a claim on the decedent's estate after a certain time period has elapsed


Personal Representative

Appointed by court = administrator
Named in will = executor


Personal Representative's Tasks

1. Inventory and appraise the estate
2. Locate and contact interested parties (including creditors)
3. Satisfy debts (taxes, burial expenses, support payments)
4. Close the estate


Personal Representative's Duties

Fiduciary duties of loyalty and care
(no self-dealing)


General Power of Appointment

1. No conditions or restrictions on donee's power
2. Donee can appoint herself or one of the cretiros as owner of the property
3. If donee fails to exercise the power, property reverts back to the owner's estate


Special Power of Appointment

1. Donor can specify certain individuals or groups as objects of the power
2. Limits the donee's power


Power of Attorney

Authority to act on another's behalf in a legal or business matter; can be general or special
1. In writing
2. Dated
3. Signed


Advance Healthcare Directives

Living Will- dictates care individual wants if they are unable to express their wishes, agent's job is to see that directive is enforced
Durable POA for Healthcare- appoints an agent in the event that principal becomes incapacitated and unable to make decisions, allows agent to stand in principal's shoes and make decisions for them