wills and trusts

Question 1

intestate

Answer 1

having made no valid will

Question 2

after adoption
(hall case)

Answer 2

parental rights terminated. could no longer inherit through their predeceased father once adoption occurs. fit into new father intestate succession rules
CA - exception allow 3 lines of inheritance.

Question 3

marriage alone

Answer 3

not intestate heirs (unless adopt children)

Question 4

will and testament

Answer 4

last in time, first in right (last document you leave behind is the one we will pay attention to.

Question 5

codicil

Answer 5

supplement/amendment to will; can be written or formal

Question 6

testator/trix

Answer 6

transferor - person ceate the document/ client

Question 7

devise

Answer 7

gift of real property

Question 8

bequest

Answer 8

gift of personal property

Question 9

step parent exception

Answer 9

(maintains intestancy inheritance rights through the father)
biological parent died
children under 18
surviving parent remarries
new spouse adopts while children are minors
- allow for 3 lines of inheritance.

Question 10

legacy

Answer 10

gift of money

Question 11

heir/ heir at law

Answer 11

decendents estates in general without will

Question 12

beheficiary

Answer 12

transferee. naemed in the will

Question 13

issue

Answer 13

lineal descendants of decedent (I am issue of my parents)

Question 14

are adult adoptions legal and do they create the adult parent relationship

Answer 14

inherit through intestacy. could give a gift in will if didn’t want to adopt.

Question 15

probate/surrogate/orphan’s court

Answer 15

Court having jurisdiction to hear matters arising from decedent’s estates and trusts; in CA, it’s probate court with jurisdiction to hear probate matters/matters related to decedent’s estate with or without a will or trust (now more commonly referred to as probate court)

Question 16

cannot unadopt a child

Answer 16

disinherit a child in the will

Question 17

per stirpes

Answer 17

specifies that each branch of the deceased person’s family receives an equal share of the estate, regardless of how many people are in that branch.

Question 18

Equitably adopted

Answer 18

step parent situation or foster parent situation. relationship established during minority and legal barrier to adoption.

Question 19

establishing parent/child relationship - situations occurring during life of the parents conception

Answer 19

natural born 
presumption of paternity
legally adopted 
equitably adopted
surogacy

Question 20

posthumous

Answer 20

after someone’s death

Question 21

CA Posthumous conception

Answer 21

each state set it’s own parameters. follow each state’s rules.
CA: 249.5 heir at law for intestate inheritance purposes qualified to receive social security survivor benefits
1. SOF - right of surviving spouse to use genetic material must be identified in writing and signed
2. person who has right must submit notice to use it within 4 months after issuance of death certificate
3. actual use within the statutory guidelines
= another heir at law of the decedent

Question 22

estate of decedent on hold

Answer 22

instetacy distribute to surviving spouse to child or children and then know how many children there are to distribute the assets.

Question 22

CP dies intestacy his half goes to the wife

Answer 22

His half goes to wife

Question 23

overadvancement

Answer 23

does not have to be paid

Question 24

can you disclaim from inheritance?

Answer 24

Disclaimer or waiver of inheritance right is a right that a beneficiary has. under intestacy - i don't want and disclaimer occurs within 9 months of vesting/ disclaimer filed with executor/rep / beneficiary or intestate heir did not take possession of the inheritance.

Question 25

how long do you have to be a surviving heir at law

Answer 25

120 hrs

Question 26

die at same time

Answer 26

run both lines of intestacy

Question 27

how do we put document in timeline in decedents life when undated document. probate = last will and testament

Answer 27

introduce extrinsic evdidence to show when the doc. came into the lifetime of the decedent

Question 28

date est.

Answer 28

allegations of incapacity. Spicer Breeden - evidence he was a coke head and alcoholic before and perhaps during writing this document. no evidence to show lacking testamentary capacity when the doc. was created.

Question 29

Required to validate holographic will

Answer 29

1. hand writing of the decedent 2. Dispositive provision - statement that makes this doc. a will instead of something else 3. signature.

Question 30

valid on it's face

Answer 30

presumed to have been signed with capacity. Burden on party opposing.

Question 31

evidence testamentary intent

Answer 31

material dispositive provisions saying this goes to this person.

Question 32

Oral wills

Answer 32

CA does not recognize oral wills. Must have a writing

Question 33

Allow oral wills

Answer 33

limited to personal property only (SOF) tangibles

Question 34

soldiers and sailors act - oral wills valid (not CA)

Answer 34

if the person stating it was in fact under fire or about to be engaged (conditional wills - if died in combat then valid bring in buddies) (if years passed and the person survived in which statement was made - that will was not valid because conditioned upon being in the service under fire.

Question 35

Statutory will

Answer 35

effort by state legislature to provide legal service to as many people as possible – pre-printed form – downloaded filled in properly dated and signed – valid will in CA - req. 2 witnesses - signature after banks filled in

Question 36

Property becomes property of court

Answer 36

originals stay with the court - true and correct photo copy - certified copy. (will) joe jackson

Question 37

duplicate original

Answer 37

2 signed wills (executed in duplicated originals

Question 38

termination of marriage is final entry of judgment of dissolution of marriage

Answer 38

minimum 6 mo. waiting period - still spouses - provisions still apply

Question 39

intestacy

Answer 39

during divorcing period - completed settlement agreement. die before will - have same effect even though not yet divorced gifts still revoked

Question 40

spouse predecesases me then to her children: they get divorced he doesn't write new will

Answer 40

once divorce is completed then the law presumes the former spouse is predeceased - ex wife is still alive but legally presumed to predeceased and her children take in her place. Does the divorce which terminates ex spouses benefits under the will... does that also apply to ex-spouses kids? YES

Question 41

stray revocation of a will

Answer 41

not going to revoke a prior will

Question 42

make sure have physical act perpetrated on the document itself

Answer 42

thompson - to carry out evidence of intent.

Question 43

Clear intent

Answer 43

witnesses both present - hand written documents do not need to be witnessed. present unwritten - use harmless error rule

Question 44

holographic wills

Answer 44

your handwriting/ and you don't need witnesses.

Question 45

Harrison

Answer 45

lawyer tears into 4 pieces - mails it - witness actual presence/line of sight presence/

Question 46

revoke will

Answer 46

= actual presence

Question 47

express revocations

Answer 47

by subsequent and valid wills

Question 48

will #1 expressly revoked by will #2

Answer 48

burn will #2 = revocation of revocation a revival of first will? No

Question 49

revival of will number 1

Answer 49

i like will 1 better/ revoke will 2

Question 50

multiple docs

Answer 50

where each one is in time and what effect of any document is on prior document to determine controlling document.