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AZ Real Estate Agent License 2020 > Transfer and Ownership Interest 12 > Flashcards

Transfer and Ownership Interest 12 Flashcards

1
Q

At Death when the Decedents Estate is Probated is called?

A

Inheritance -

At Death when the Decedents Estate is Probated

Chap 12

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2
Q

Te____cy in Sev____ty - Sole and Separate Ownership.

Ownership By One Person

  1. N_____ or L____ Person, (Corps, Cities, etc)
  2. Probate - Used to Pass Es____ to H___s, at Decedent’s Death
A

Tenancy in Severalty - Sole and Separate Ownership.

Ownership By One Person

  1. Natural or Legal Person, (Corps, Cities, etc)
  2. Probate - Used to Pass Estate to Heirs, at Decedent’s Death.

Severalty - means condition of being separate

Chap 12

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3
Q

Join Tenancy - Ownership Shared By (2 or More People), having “Right to Survivorship.”

  1. Unities: (T____, T____, In_____ and Pos_____)
  2. Nat_____ Pe____ Only (***No Corps***)
  3. Joint Tenants Interest - Can Be Convey without Permission of Others.
  4. Automatic Right to Sur_______ - No Probate
  5. Joint Interest conveyed becomes - T_____ in C______ which passes to Heirs
A

Join Tenancy - Ownership Shared by (2 or More People), having “Right to Survivorship.”

  1. Unities: (Time, Title, Interest and Possession)
  2. Natural Person Only (***No Corps***)
  3. Joint Tenants Interest - Can Be Conveyed wihout Permission of Others.
  4. Automatic Right to Survivorhip - No Probate
  5. Joint Interest conveyed becomes Tenants in Common whch passes to Heirs

Chap 12

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4
Q

C________ Pr_______ -

  1. Property Acquired by Spouses During Marriage.

Seperate Property

  1. Property Received by Gifted or Inherited. If Purchased with Sep_____ F____ or Acquired Prior to Marriage - Remains Separate.
A

Community Property -

  1. Property Acquired by Spouses During Marriage.

Separate Property

  1. Property Received by Gift or Inheritance. If Purchased with Separate Funds or Acquired Prior to Marriage - Remains Separate.

Chap 12

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5
Q

Community Property -

  1. Salaries E____ by Either Spouse are Community Property
  2. Each Spouse has __% Interest.
  3. Both Spouses must Si__ to Conv___ Property
  4. At Death Spouse’s Half Passes to His/Her H___.
A

Community Property -

  1. Salaries Earned by Either Spouse are Community Property
  2. Each Spouse has 50% Interest.
  3. Both Spouses must Sign to Convey Property
  4. At Death Spouse’s Half Passes to His/Her Heirs.

Chap 12

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6
Q

Com______ Pr_______ with R___ of S________

This Type of Title Allows Deceased Spouses Interest to Pass Directly to Surviving Spouse without Probate

A

Community Property with Right of Survivorship -

This Type of Title Allows Deceased Spouses Interest to Pass Directly to Surviving Spouse without Probate

Chap 12

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7
Q

Tenancy in Common -

  1. Co-Ownership by Two or M____ Persons (Leg__ or Natural) with “No Right to Survivorship.”
  2. Each holds Distinct Und_____ Interest
  3. Only Unity is “Pos_____” Necessary
  4. At Decedent’s Death his/her Shares Goes to H___
A

Tenancy in Common -

  1. Co-Ownership by Two or More Persons (Legal or Natural) with “No Right” to Survivorship.”
  2. Each holds Distinct Undivided Interest
  3. Only Unity is “Possession” Necessary
  4. At Decedent’s Death his/her Shares Goes to H___

Chap 12

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8
Q

T______ in C_________

Co-ownership** by **Two or More Persons with No Right to Survivorship.

  1. Natural or Legal Person can Hold Title
  2. Each Holds a Separate and Distinct Undivided Interest.
  3. Unity is ****Possession*****
  4. At Death Interest goes to Heirs
A

Tenancy in Common -

Co-ownership** by **Two or More Persons with No Right to Survivorship.

  1. Natural or Legal Person can Hold Title
  2. Each Holds a Separate and Distinct Undivided Interest.
  3. Unity of Possession
  4. At death Interest goes to Heirs

Chap 12

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9
Q

Un_____ Pra____

Advising a Buyer How to Take Title is Considered what?

A

Unlawful Practice -

Advising a Buyer How to Take Title is Considered Unlawful

Chap 12

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10
Q

S__ for P______

Legal Action used to Terminate a Tenancy in Common or Joint Tenancy.

A

Suit for Partition -

Legal Action used to Terminate a Tenancy in Common or Joint Tenancy.

Chap 12

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11
Q

R___ E____ Syn_______ -

Pooling Together Resources for Investment. (Such as: General or Limited Partnerships; Corporations, Limited Liabiility Co; Trust; REIT’s.

A

Real Estate Syndications -

Pooling Together Resources for Investment. (Such as: General or Limited Partnerships; Corporations, Limited Liabiility Co; Trust; REIT’s.

Chap 12

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12
Q

G_______ P__________

In this Partnership, each Partner has F___ L______ for D____ of Partnership. Also Actively M______ the Partnership

A

General Partnership -

Each Partner has Full Liability for Debts of Partnership. Also Actively Manages the Partnership

Chap 12

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13
Q

L______ P_______ - Composed of General and Limited Partners.

  1. General Partners - F__ L_____ for Debts and Actively Man____ Parnership
  2. Limited Partners - Liability Limited to Or_____ Ag________ - Passive Investors (Put Money In)
A

Limited Partnership - Composed of General and Limited Partners.

  1. General Partners - Full Liability for debts - Actively Manages Partnership
  2. Limited Partners - Liability Limited to Original Agreement - Passive Investors (Put Money In)

Chap 12

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14
Q

C________

A Bu_____ Entity made up of One or More Persons (Who Receive Stocks) that is treated as a Sep_____ Entity.

A

Corporation -

A Business Entity made up of One or More Persons (Who Receive Stocks) that is treated as a Separate Entity.

Chap 12

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15
Q

Li_____ Li_____ C______

A Business Entity with Combined Characteristics of L____ Pa______ and certain types of C_______.

A

Limited Liability Company (LLC) -

A Business Entity with Combined Characteristics of Limited Partnerships and certain types of Corporations.

Chap 12

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16
Q

T____ -

Legal Title to Property is Transferred to and M______ by a Tr_____, for the Benefit of B_______.

A

Trust -

Legal Title to Property is Transferred to and Managed by a Trustee, for the Benefit of Beneficiary.

Chap 12

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17
Q

REIT (Real Estate Investment Trust)

A Company with at Least ___ Investors that Own Income Producing Real Estate and provides T__ Favored Treatments to the Investors.

  1. Must Invest at least __% Ass___ in Real Estate
  2. Must Pay Out at least __% Taxable Income to its Shareholders.
A

REIT (Real Estate Investment Trust) -

A Company with at Least 100 Investors that Own Income Producing Real Estate and provides Tax Favored Treatments to the Investors.

  1. Must Invest at least 75% Assets in Real Estate
  2. Must Pay out at least 90% Taxable Income to its Shareholders.

Chap 12

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18
Q

Securities -

Sale of Interest in Part_______, Cor______, Tr____ and Inv________ Entities would be considered Securities

A

Securities -

Sale of Interest in Partnerships, Corporations, Trusts** and **Investment Entities would be considered Securities

Chap 12

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19
Q

Securities -

  1. Securities: Partnerships, Corps, Trust, Investment Entities
  2. Regulated by: “B___ S__ L____“
  3. Enforced by: Federal “Securities and Ex_______ Commission (SEC)” and by the “Arizona C___ Commission.”
  4. Real Estate Agents need Sec______ License to Sell Interests in these Entities.
A

Securities -

  1. Securities: Partnerships, Corps, Trust, Investment Entities
  2. Regulated by: “Blue Sky Laws”
  3. Enforced by: Federal “Securities and Exchange Commission (SEC)” and by the “Arizona Corp Commission.”
  4. Real Estate Agents need “Securities License” to Sell Interests in these Entities.

Chap 12

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20
Q

Probate - Court proceeding that..

  1. Val_____ the Will
  2. Totals A_____
  3. Distributes A_____ to Heirs
A

Probate - Court proceeding that…

  1. Validates the Will
  2. Totals Assets
  3. Distributes Assets to Heirs

Chap 12

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21
Q

T______ - When Decedent dies with a Will.

  1. C____ validates Will
  2. A____ pass to H___ in W__
  3. T___tor is Person who Makes W___
A

Testate - When Decedent dies with a Will.

  1. Court validates Will
  2. Assets pass to Heirs in Will
  3. Testator - Person who Makes Will

Chap 12

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22
Q

Person Who Makes a Will is?

A

Testator -

Person Who Makes a Will

Chap 12

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23
Q

G_______ P__________

In This Partnership, Each Partner has F___ L______ for D____ of Partnership.

A

General Partnership -

Each partner has Full Liability for Debts of Partnership.

Chap 12

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24
Q

In_______

Decedent dies “Without a Will”

  1. A____ pass to H___ according to Law by Pr____
A

Intestate -

Decedent dies “Without a Will”

  1. Assets pass to Heirs according to Law By Probate

Chap 12

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25
Q

Ad_________/_______trix

Person App______ by Court When No Executor is Named

A

Administrator/Administratrix -

Person Appointed by Court When No Executor is Named

Chap 12

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26
Q

Right of S_________ (JTWRS or CPWRS) -

When at Death of One Joint Tenant or Community Property Co-Owner and His/Her’s Int_____ Passes Automatically to the Surviving Tenant(s) “Without Probate.”

A

Right of Survivorship (JTWRS or CPWRS) -

When at Death of One Joint Tenant or Community Property Co-Owner, and His/Her’s Interest Passes Automatically to the Surviving Tenant(s) “Without Probate.”

Chap 12

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27
Q

Bl____ S__ Laws -

Regulates Securities

A

Blue Sky Laws -

Regulates Securities

Chap 12

28
Q

C___________ -

Individual “Fee Simple Ownership” of Unit with “Sh____ Ownership of Common Areas” (Buildings, Land, Parking, Stairways, Pool), as Tenants In Common

A

Condominium -

Individual “Fee Simple Ownership” of Unit with “Shared Ownership of Common Areas” (Buildings, Land, Parking, Stairways, Pool), as Tenants in Common

Chap 12

29
Q

Involuntary Alienation

Forced Transfer Through Any of the Following:

  1. E____ D_____ (Gov Takes Property)
  2. Ad_____ P________ (Title by Court - Notorious, Open, Continous, Hostil Use)
  3. F_________ (Trust Deed-Lender takes Property)
A

Involuntary Alienation -

Forced Transfer Through Any of the Following:

  1. Eminent Domain (Gov Takes Property)
  2. Adverse Possession (Title by Court-Notorious, Open, Continous, Hostile Use)
  3. Foreclosure (Trust Deed-Lender takes Property)

Chap 12

30
Q

V_____ Al________

An Uncoerced Transfer by “Gift or Deed, or Document”

A

Voluntary Alienation -

An Uncoerced Transfer by “Gift or Deed, or Document”

Chap 12

31
Q

E_______/E______trix -

Person Named in Will to carry out its provisions

A

Executor/Executrix -

Person named in will to carry out its provisions

Chap 12

32
Q

Severalty Ownership -

  1. T______ in Sev_______ - Sole and Separate Ownership
  2. Ownership - by One Person
  3. Pr_____ - Used to Pass Estate to Heirs
A

Severalty Ownership -

  1. Tenancy in Severalty - Sole and Separate Ownership
  2. Ownership - by One Person
  3. Probate - used to pass Estate to Heirs

Severalty - Condition of Being Separate

Chap 12

33
Q

Joint Tenancy with Right to Survivorship - (Hint TTIP)

  1. T-T____ - All Joint Tenants Acquire Interest at Same T_____
  2. T-T___ - All Joint Tenants Acquire Interest in Same D___
  3. I-I_______ - All Joint Tenants Must Hold Equal, Un_____ I_____.
  4. P-P_______ - All Joint Tenants have Eq____ R____ to Possess Property Fully.
A

Joint Tenancy with Right to Survivorship -

  1. T-Time - All Joint Tenants Acquire Interest at Same Time
  2. T-Title - All Joint Tenants Acquire Interest in Same Deed
  3. I-Interest - All Joint Tenants must Hold Equal, Undivided Interest.
  4. P-Possession - All Joint Tenants have Equal Rights to Possess Property Fully

Chap 12

34
Q

JTWRS - Joint Tenants with Rights to Survivorship -

Cannot take this Title Type

C________ “cannot” take this type of title due to Perpetual Existence.

A

JTWRS - Joint Tenants with Rights to Survivorship -

Corporations “cannot” take this type of title due to Perpetual Existence.

Perpetual - Never Ending and Changing

Chap 12

35
Q

Under “Community Property” what is Earned Income?

A

Under Community Property -

Earned Income is Community Property

Chap 12

36
Q

Tenancy in Common -

What Type of Persons Can Take Title?

A

Tenancy in Common -

Both Natural or Legal Persons may Take Title in this Form.

Chap 12

37
Q

Tenancy in Severalty what Process is Used for Decedent’s Estate?

A

Tenancy in Severalty -

At Decedent’s Death - Estate is Processed through Probate to Pass to Heirs.

38
Q

Under Community Property Title -

At Death of Spouse His Share goes to Heirs, so there is ___ Right to Survivorship.

A

Under Community Property Title -

At Death of Spouse His Share goes to Heirs, so there is No Right to Survivorship.

Chap 12

39
Q

SEC - S________ and Exch_______ Commission -

  1. Enforces “Securites” on a Federal Level; with Arizona Corp Commission at State Level;
  2. Securities Regulated By “Blue Sky Laws“
A

SEC - Securities and Exchange Commission -

  1. Enforces “Securites” on a Federal Level; with Arizona Corp Commission at State Level;
  2. Securities Regulated By “Blue Sky Laws“

Chap 12

40
Q

Joint Tenancy

Ownership Shared by 2 or More People, having Right to Survivorship.

  1. Created by: (T____, T____, In_____ and Pos_____)
  2. Natural Persons Only (****No Corps****)
  3. Joint Tenants can Convey Interest.
  4. Automatic Survivorship - No Probate
  5. Joint Interest Conveyed: Become Tenants in Common, where Interest Pass to Heirs
A

Joint Tenancy -

Ownership Shared by 2 or More People, having Right to Survivorship.

  1. Created by: (Time, Title, Interest and Possession)
  2. Natural Persons Only (****No Corps****)
  3. Joint Tenants can Convey Interest.
  4. Automatic Survivorship - No Probate
  5. Joint Interest Conveyed: Become Tenants in Common, where Interest Passes to Heirs

Chap 12

41
Q

Tenancy in Common - has what type of Unity?

A

Tenancy in Common -

Unity - Possession Only

Chap 12

42
Q

What Two Types of Title pass without Probate?

A

Pass Automatically without Probate -

  1. Joint Tenancy** wtih **Right to Survivorship
  2. Community Property** with **Right to Survivorship (1944)

Chap 12

43
Q

Condominium Rules -

The Rules that Govern the Condo are Found in the B_______.

A

Condominium Rules -

The Rules that Govern the Condo are Found in the Bylaws.

Chap 12

44
Q

Does Tenancy in Common have a Right to Survivorship?

A

Tenancy in Common -

Has NO Right to Survivorship. It passes to Heirs

Chap 12

45
Q

S__ for P______

Legal Action** used to **Terminate a Tenancy in Common or Joint Tenancy.

A

Suit for Partition -

Legal Action** used to **Terminate a Tenancy in Common or Joint Tenancy.

Chap 12

46
Q

V

Uncoerced Transfer by Gift, Deed or Document.

Example:

Attorney-In Fact - Is When Someone Voluntarily gives Power to Another to Handle Any Decisions Made in an Isolated Transaction.

A

Voluntary Alienation -

Uncoerced Transfer by Gift, Deed or Document

Example:

Attorney-In Fact - Is When Someone Voluntarily gives Power to Another to Handle Any Decisions Made in an Isolated Transaction.

Chap 12

47
Q

Can anyone use Tenancy In Severalty to take title?

A

Tenancy In Severalty -

Yes - Natural or Legal person (Corps, Cities, Etc) can take title in this form.

Chap 12

48
Q

AZ Co______ Commission -

Enforces “Securites” on a State Level.

A

AZ Corporation Commission -

Enforces Securites on a State Level.

Chap 12

49
Q

Condo Owners -

  1. Owner - Receives D____
  2. Owner - Responsible for Property T____ and HOA Dues
A

Condo Owners -

  1. Owner - Receives Deed
  2. Owner - Responsible for Property Taxes and HOA Dues

Chap 12

50
Q

Condo Board of Directors meet how often?

A

Condo Board of Directors -

Meet Annually

Chap 12

51
Q

In a Cooperative, Who Holds the Deed to Property?

A

Cooperative (Title/Deed) -

Held by Corporation - Deed to Property

Chap 1 2

52
Q

Cooperative (Buyer Holds) -

Buyer holds a Sto___ Sh____ in the Corporation. If Buyer (Owner) sells, he sells his Sto___ Sh____.

A

Cooperative (Buyer Holds) -

Buyer holds a Stock Share in the Corporation. If Buyer (Owner) sells; he sells his Stock Share

Chap 12

53
Q

Cooperative Taxes -

Corporation holds Title to Building and Buyers Purchase a Unit as a Stock Share.

For Taxes:

There is Only One T__ St_____ for Entire Cooperative.

A

Cooperative Taxes -

Corporation holds Title to Building and Buyers Purchase a Unit as a Stock Share.

There is Only One Tax Statement for Entire Cooporative.

Chap 12

54
Q

Securities “Sale of Interest” -

With any Business Entity it is Necessary to Determine which P_____ has Au______ to Si__ on the Entitie’s behalf.

A

Securities “Sale of Interest” -

With any Business Entity it is Necessary to Determine which Person has Authority to Sign on the Entitie’s behalf.

Chap 12

55
Q

Joint Tenancy -

What can and cannot take title under Joint Tenancy?

A

Joint Tenancy -

  1. Natural Persons - Can take title
  2. Corps, Cities, etc - Cannot take title.

Chap 12

56
Q

Real Estate Syndications -

Pooling Together Resources for Investment. (Such as: Gen_____ or Lim_____ Partnerships; Cor______, Limited L_______ Co; Tr___; and REIT’s.

A

Real Estate Syndications -

Pooling Together Resources for Investment. (Such as: General or Limited Partnerships; Corporations, Limited Liabiility Co; Trust; and REIT’s.

Chap 12

57
Q

A Man and his Brother Purchase a Condo as Joint Tenants. Their Interest in the Common Areas would be held as:

  1. Community Property
  2. Joint Tenants
  3. Tenants In Common
  4. Severalty
A

A Man and his Brother Purchase a Condo as Joint Tenants. Their Interest in the Common Areas would be held as:

  1. Community Property
  2. Joint Tenants
  3. Tenants In Common
  4. Severalty

Chap 12

58
Q

If a Person Owns a Condominium They Own:

  1. Undivided Interest in Common Areas and a Separate Interest in the Unit
  2. Undivided Interest in Whole, and Separate Interest in the Unit and Ownership of Land.
  3. Separate Interest in the Whole
  4. Divided Interest in Common Areas and Undivided Interest in the Unit
A

If a Person Owns a Condominium They Own:

  1. Undivided Interest in Common Areas and a Separate Interest in the Unit
  2. Undivided Interest in Whole, and Separate Interest in the Unit and Ownership of Land.
  3. Separate Interest in the Whole
  4. Divided Interest in Common Areas and Undivided Interest in the Unit

Chap 12

59
Q

The Condominium Rules are found in the:

  1. Master Deed
  2. Bylaws and Corporate Chapter
  3. Covenants, Conditions and Restrictions
  4. Unit Owner’s Deed
A

The Condominium Rules are found in the:

  1. Master Deed
  2. Bylaws and Corporate Chapter
  3. Covenants, Conditions and Restrictions
  4. Unit Owner’s Deed

Chap 12

60
Q

An example of “Voluntary” Alienation is

  1. Aquisition by Eminent Domain
  2. Assignment by an Attorney-In-Fact
  3. Loss of Property through Avulsion
  4. Escheat of Property after a Person Dies instestate
A

An example of “Voluntary” Alienation is

  1. Aquisition by Eminent Domain
  2. Assignment by an Attorney-In-Fact
  3. Loss of Property through Avulsion
  4. Escheat of Property after a Person Dies instestate

Chap 12

61
Q

What Title can Corporations not take?

A

Corporations -

Joint Tenants - A Tile Corporations CANNOT TAKE, due to Perpetual Existance!

Chap 12

62
Q

Any Property Received as a Gift or Inheritance, Purchased with Separate Funds or Acquired before Marriage is considered

  1. Community Property
  2. Tenancy in Severalty Property
  3. Separate Property
  4. Probate Proceedings will decide
A

Any Property Received as a Gift or Inheritance, Purchased with Separate Funds or Acquired before Marriage is considered

  1. Community Property
  2. Tenancy in Severalty Property
  3. Separate Property
  4. Probate Proceedings will decide

Chap 12

63
Q

If a Limited Partnership Took Ownership in a Building, with “Distinct” and “Undivided Interest” and Each Partner Could Use that Building for Anything at Anytime, What Type of Title did They Take?

  1. Joint Tenancy
  2. Community Property
  3. Tenants In Common
  4. Tenancy In Severalty since the General Partner assumes all liability
A

If a Limited Partnership Took Ownership in a Building, with “Distinct” and “Undivided Interest” and Each Partner Could Use that Building for Anything at Anytime, What Type of Title did They Take?

  1. Joint Tenancy
  2. Community Property
  3. Tenants In Common
  4. Tenancy In Severalty since the General Partner assumes all liability

Chap 12

64
Q

An Act, by Court Order to Divide up an Estate into Separate Portions of Proportionate Interests of the Owners of Property.

Sometimes Described as a Forced Sale.

A

Suit for Partition -

Act, by Court Order to Divide up an Estate into Separate Portions of Proportionate Interests of the Owners of Property.

Sometimes described as a Forced Sale

Chap 12

65
Q

(REIT) Real Estate Investment Trust -

This Pool of Investors Must Invest ___% fo its Assets in Real Estate. They Must Payout ___% of Taxable Income to all Shareholders.

A

(REIT) Real Estate Investment Trust -

This Pool of Investors Must Invest 75% fo its Assets in Real Estate. They Must Payout 90% of Taxable Income to all Shareholders.

Chap 12

66
Q

Condo Owners -

Must Pay P______ T___ and HOA Dues. Rules governing Condo Rules can be found in the B_______.

A

Condo Owners -

Must Pay Property Taxes and HOA Dues. Rules governing Condo Rules can be found in the Bylaws.

Chap 12

67
Q

Cooperative -

Cooperation holds Title to Building. And a Buyer Gets Stock Shares.

But What is Also Given to the Buyer? P_______ L______

A

Cooperatives -

Cooperation holds Title to Building. And a Buyer gets stock shares

Proprietary Lease for Apt (No Deed) - Is Given to Buyer.

Chap 12

AZ Real Estate Agent License 2020 (23 decks)

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