UPC codes

Question 1

1. 3-301
2. 3-401

Answer 1

1. Informal probate
2. Formal probate

Question 2

1. 3-501
2. 3-504

Answer 2

1. Supervised admin
2. Unsupervised admin

Question 3

If unsupervised per 3-504, what happens when the PR is appointed?

Answer 3

Administers the estate without going back to court.

Question 4

I. 1-102 (B) (2)
II. 2-101 (B)
III. 2-101 and 102
IV. 2-103
V. 2-104 and (B) (3)

Answer 4

I. Intent is king!!
II. Negative wills
III. SS share
IV. Descendant share
V. Spouse survival rule (Replacing USDA) & SS rule for kid

Question 5

I. 2-103 (i)
II. 2-103 (J)
III. 2-105
Iv. 2-106

Answer 5

I. To GP kids
II. To PDD spouse kids
III. No takes / Escheats
IV. Descendants of Parents

Question 6

I. 2-109

Answer 6

I. Advancements

Question 7

I. 2-104
II. 2-104 (B) (3)

Answer 7

I. Spouse survival rule (5 days /120 hours)
II. Spouse dead + Assisted pregnancy:
(A) Five days alive
(B) PR notice inside 6 months
(C) Embryo inside 36 months
(D) Born inside 45 months

Question 8

2-117

Answer 8

P/C relationship regardless of marriage

Question 9

P/C relationship regardless of marriage code?

Answer 9

2-117

Question 10

Spouse survival rule (5 days /120 hours) Code?
How about code for artificial pregnancy after spouse dies?

Answer 10

2-104
Then 2-104 (B) (3)

Question 11

Code for descendants of parents?

Answer 11

2-106

Question 12

Code for negative wills?

Answer 12

2-101 (B)

Question 13

Intent is KING!!!

Answer 13

1-102 (B) (2)

Question 14

Intent is king code?

Answer 14

1-102 (B) (2)!!

Question 15

UPC Survival rule?

Answer 15

2-104

Question 16

Negative wills?

Answer 16

2-101 (B)

Question 17

I. 2-502 (A)
II. 2-502 (A) (1)
III. (A) (2)
IV. (A) (3)
V. 2-502 (3) (A)
VI. 2-502 (3) (B)
VII. 2-502 (B)
VIII. 2-502 (C)

Answer 17

1. Wills requirements
   II. Writing
   III. T signature
   IV. Witnessed
   V. Attested / Witnessed
   VI. Notarized
   VII. Holographic wills
   VIII. Extrinsic Evidence

Question 18

2-502 (3) (A)

Answer 18

Attested / witnessed wills

Question 19

2-502 (3) (B)

Answer 19

Notarized wills

Question 20

Witness must be competent code

Answer 20

2-505 (A)

Question 21

2-505 (A) ?
Hint: If _______ at trial, then _____ to participate as a ______.

Answer 21

Witness competence

Question 22

I. 2-502 (B)
II. 2-502 (C)

Answer 22

1. Holographic wills
   II. Extrinsic evidence

Question 23

I. 2-505 (A)
II. 2-505 (B)
III. 2-504 (a) and (b)

Answer 23

I. Competent W (Trial standard)
II. Interested W is fine
III. Self proving affidavit, One step and two step

Question 24

I. 2-504
(a)
(B)

Answer 24

I. Self-proving affidavit
(a) One step
(b) Two step

Question 25

I. 2-502 (a) II. 2-503 (Helpful for deficient wills) III. 2-504 IV. 2-505 (A) and (B)

Answer 25

I. Will requirements II. Harmless error III. Self proving affidavits IV. Witness competence (A) and Interested Ws (B)

Question 26

Harmless error?

Answer 26

2-503

Question 27

Self proving affidavit

Answer 27

2-504

Question 28

Will requirement (general)

Answer 28

2-502 (a)

Question 29

Witness shit? Competence and Interests.

Answer 29

2-505 (A) (B)

Question 30

1. Attestation clause (which is rebuttable) and it covers Self proved affidavits which are not rebuttable

Answer 30

1. 3-406

Question 31

Parentelic vs DOR system, which is Majority ?

Answer 31

Parentelic

Question 32

How does Parentelic work?

Answer 32

Estate goes to GPs (paternal and maternal) then down until relative living is found.

Question 33

How does DOR work?

Answer 33

Passes to relative who is closest degree of relationship

Question 34

2-114 (a) (a) (1) (a) (2)

Answer 34

2-114 (A) Parents barred from inheriting in certain circumstances (A) (1) Parents rights were terminated / not reestablished judicially (a) (2) Child died before 18 and parent is a deadbeat **** Treat the parent as PDD the kid***

Question 35

2-109 (a) (a) (1) (a) (2) 2-109 (b)

Answer 35

2-109 (a) Advancements (a) (1) Decedent declared in contemporaneous writing (OR) EMPHASIS ON OR the heir acknowledged it in writing (a) (2) Said writing indicates gift (ADV) is to be deducted from entire estate. (b) Valued at time heir came into possession or time of D death (whichever occurs first)

Question 36

T/F) 2-109 (a) (1): The writing from heir, acknowledging the gift (ADV) has to be contemporaneous too.

Answer 36

False!

Question 37

T/F) 2-109 (B) states that gifts (ADV) are valued at time heir came into possession or time of D death, whichever occurs first.

Answer 37

True!

Question 38

2-504 (A)

Answer 38

(One step) Self-proving affidavit that combines the (Attestation clause) + (Self proving affidavit); whereas the T and W signs once, before an Officer authorized to administer oaths (Notary).

Question 39

2-504 (B)

Answer 39

After will is already signed and attested, then W and T sign another affidavit before a notary.

Question 40

T/F) If will is notarized pursuant to 2-502 (a) (3) (B), but NOT self-proved, then there is still a rebuttable presumption that the will is good.

Answer 40

True.

Question 41

Harmless Error: UPC 2-503 defined?

Answer 41

The court may EXCUSE noncompliance if there is C&C evidence that the decedent intended the docx to be his last W and Test.

Question 42

Electronic Wills code?

Answer 42

Uniform Electronic Wills Act §5 (2019) for execution and §7 for Revocation.

Question 43

UEWA §5 (2019)? (1) (2) (A) (B)

Answer 43

Electronic will must be: (1) Readable text (2)Signed by T; and (A) In physical presence by at least 2 Individuals (each of whom is Res. of the state); or T acknowledgement of signing to the Ws; or (B) Acknowledged by T in physical presence of notary public

Question 44

I. UEWA §5 II. UEWA §7

Answer 44

I. Execution of it II. Revocation of it

Question 45

UEWA §7 revocation? (a)(1) (a)(2)

Answer 45

(a)(1) Subsequent will (expressly or by inconsistency) (a)(2) Physical act (if established by PPE)

Question 46

UEWA §7 (a)(2) must be established by what standard?

Answer 46

PPE

Question 47

_____________ is the (assurance) of a duly appointed and impartial individual that a document is: 1. Authentic 2. Signature is genuine 3. No duress

Answer 47

Notarization

Question 48

Central value of notarization?

Answer 48

Lies in the Notary's impartial screening of a signer for identity, willingness, and awareness.

Question 49

Code for Holographic Wills?

Answer 49

2-502 (B)

Question 50

Code for Extrinsic evidence?

Answer 50

2-502 (C)

Question 51

Code for Negative wills?

Answer 51

2-101 (B)

Question 52

Code for Negative wills?

Answer 52

2-101 (B)

Question 53

Code for ADV?

Answer 53

2-109

Question 54

Code for self proving Affidavit?

Answer 54

2-504 (A) (B)S

Question 55

Survival code?

Answer 55

2-104 (B) and (B) (3) for kid version after dead dad

Question 56

Witness code?

Answer 56

2-505 (A) Competence and (B) Interested

Question 57

For holographic wills, what factors must be considered per the slide deck?

Answer 57

1. Formalities 2-502 (B) "Material portions" 2. Pre-printed forms 3. Extrinsic evidence 2-502 (C) 4. Harmless error rule 2-503 for revocations, additions, alterations, if T intended this to be his last W & T.

Question 58

HE (2-503) excuses a non complaint will if the proponent demonstrates, by C&C evidence, that the Decedent intended the doc to:

Answer 58

1. Be his last will and testament And this applies when: 2. Is a revocation 3. is an addition / alteration 4. is a revival

Question 59

Regarding a Holo will scenario, in addition to the "Material portions" test... for T's handwriting and signature....What other J approaches might come up for preprinted sections?

Answer 59

In re Gonzalez (Mudder) and In re Ferree (Black)

Question 60

2-502 (B) formalities? Bonus: Where must it be signed?

Answer 60

1. Written by T hand 2. And signed by T Bonus: Can be signed anywhere, BUT, if not singed at the end, may be doubt as to whether the decedent intended his name to be a signature.

Question 61

T/F) In almost all states permitting holographs, the will may be signed anywhere.

Answer 61

True, with a caveat. If not signed at end, may be doubt as to whether D intended his name to be the signature.

Question 62

Per 2-502 (B), a valid holographic will needs to be in T handwriting and signed by T. Questions: 1. What if a lot of preprinted sections? 2. How much need to be in T handwriting? 3. What if electronic holograph? 4. Any doctrines to bundle for additional help?

Answer 62

1. Preprinted may be fine. J's approaches include Gonzalez and Black. Also, if UPC J, only "material portions" need by in T handwriting. 2. 1st, 2nd, 3rd generation approaches. 3. UEWA §5 and §7. 4. 2-503 HE if T intended this to be his will, and involves changes, revocations, alterations, etc. "Excuse" non compliance.

Question 63

Holographic will scenario: 1. What is a holographic will has no witnesses, is part preprinted, and signed by T?

Answer 63

1. May be fine. 2-502 (B) only needs "material portions" in T handwriting and T signature. May be valid without witnesses per the code.

Question 64

T/F) An unwitnessed holographic will under 2-502 (B) is not valid even if signed by T and "material portions" in T handwriting."

Answer 64

False! If material portions in T handwriting and signed by T, it is valid and needs no witnesses per the code!!

Question 65

For holographic wills, how do we know what material portions are?

Answer 65

If you can eliminate the printed portions, and handwritten portion still evidences T intent, it is valid.

Question 66

If we need to pull in extrinsic evidence to show T's intent for a holographic will, what does that include under 2-502 (C)?

Answer 66

Any portions of the document not in T handwriting.

Question 67

For holographic wills, how to approach the analysis in an essay?

Answer 67

1. 2-502 (b) requires "Mat. Portions" and T signature, which can be anywhere on it. 2. Under 2-502 (b), not having Ws is still fine. 3. Preprinted shit = Gonzalez or Ferree? 3. Preprinted shit = Extrinsic evidence under 2-502 (C) 4. Harmless error can help too 2-503

Question 68

Codes for Attested wills analysis?

Answer 68

1. 2-502 (A)(1),(2),(3) and 2-502 (3)(A)

Question 69

Codes for notarized wills?

Answer 69

1. 2-502 (A)(1),(2),(3) and 2-502 (3) (B)

Question 70

Code for Holographic wills?

Answer 70

2-502 (B)

Question 71

Witnessed Will code? What if interested witness in UPC? Majority rule for int. w?

Answer 71

2-502 (3)(A) 2-505 (B) says this is ok. Majority purge excess benefit.

Question 72

Notarized wills code? What does (3) (B) require?

Answer 72

2-502 (a)(1),(2) and (3)(B) (3)(B) = Acknowledged by T before a notary public / or individual authorized by law to take such acknowledgments.

Question 73

2-502 (B) (3) Requires what?

Answer 73

T acknowledges before a notary public or other individual authorized by law to take such acknowledgements. Created (rebuttable) presumption that T signing and W req met.

Question 74

What are the three judicial approaches to wills formalities?

Answer 74

1. Strict compliance (Traditional doctrine) 2. Sub. compliance 3. Harmless error

Question 75

In re Groffman used the English Wills Act of 1837, what did that require?

Answer 75

No will valid unless: 1. Signed at foot by T 2. Or some other person in his presence / by his direction 3. Such signature made or acknowledged by T in presence of 2 witnesses present at same time

Question 76

What can self-proving affidavit do that attestation cannot?

Answer 76

Notary fulfills the function of having a magistrate or court official present at signing. Therefore, doesn't need to be repeated in will contests. IE: Attestation clauses are rebuttable in court and W may be called at trial on formality matters.

Question 77

Regarding attestation (Witness) clauses, can witnesses be called to trial later?

Answer 77

Yes, to answer to both formalities and to capacity / undue influence.

Question 78

2-504 (A) One step? (B) Two step?

Answer 78

1. Attestation clause + 2. Self-proving affidavit Here, T and Ws only sign once for these on one formal document. (B) They sign a separate affidavit after the will and original affidavit.

Question 79

Significance of a "self-proved" will? Can Ws be called at trial?

Answer 79

This provides a CONCLUSIVE presumption that T and Ws satisfied 3-406 statute's: 1. Signature requirements 2. Witness requirements Ws cannot be called for formalities questions. (Can be called for capacity / undue influence)

Question 80

Self proved will vs notarized. Which one is rebuttable presumption that the will satisfied the requirements for will execution?

Answer 80

The notarized will.

Question 81

Per stirpes defined?

Answer 81

A stipulation that, if the beneficiary PDD the D/T, then the beneficiary's shares go to his heirs.

Question 82

"Descendant" code? Define it.

Answer 82

(General definitions) 1-201: A descedant of an individuals means all of his descendants, at all generations, with a parent child relationship at each generation.

Question 83

General definitions code?

Answer 83

1-201

Question 84

Define heirs

Answer 84

Heirs means persons, including SS and the state, entitled to intestate succession.

Question 85

Whats another word for descendant?

Answer 85

Issue

Question 86

Per capita code?

Answer 86

2-103

Question 87

3 ways to transfer property at death?

Answer 87

1. By proper will 2. By will substitutes (trusts, Ks, transfers, JTs, etc.) 3. Intestacy

Question 88

What is the organizng principle of the American law of donative transfers?

Answer 88

Freedom of disposition

Question 89

T/F) What does Freedom of Disposition mean exactly?

Answer 89

Property owners have nearly unrestricted right to dispose of property as they please.

Question 90

This case showed that a condition precedent to a bequest requiring the putative devisee to marry within a particular faith is a reasonable restriction that does not violate public policy or the Fourteenth Amendment of the United States Constitution.

Answer 90

Shapira v. Union National Bank

Question 91

T/F) A property right not owned by the testator at the time of death may not be devised by will. If true, case? If true, code?

Answer 91

True (Shaw family archives) / 2-602

Question 92

What are goals of probate?

Answer 92

1. Transferring ownership 2. Resolving credit claims

Question 93

UPC modernizes common & solemn form probate, relabaling them what?

Answer 93

Formal and informal

Question 94

Core function of probate is protecting who? For that answer, is that still true in practice.

Answer 94

Creditors. Not really, barred from bringing claims after certain point.

Question 95

This case used the USA rule, which required sufficient evidence of survival. Had they used the UPC, the dead hubby's mom would have got the L/I.

Answer 95

Janus v. Tarasewicz

Question 96

Who is a spouse?

Answer 96

Person who has legal ceremony satisfying the legal requirements of marriage in that J.

Question 97

This case demonstrated that....under GA law, a contract for adoption is invalid unless entered into by a parent or guardian, the only persons with authority to contract for adoption.

Answer 97

O'Neal v. Wilkes (1994)

Question 98

This case held...posthumously conceived children have the right to inherit if the genetic relationship to the decedent is established and the deceased parent consented to the posthumous conception and posthumous support of the child or children. Balancing test: 1. Kids interest 2. States interest 3. Moms interest

Answer 98

Woodward v. Comm'r of Social Security

Question 99

2-118 (a) creates a P/C relationship between adoptees and adoptive parents... 2-705 (d) If there is a gift under will/trust from a non-adoptive parent, when can the adoptee inherit?

Answer 99

(d) (1) Non-adoptive parent "performed functions customarily performed by a parent" (B4 kid hit 18) (d) (2) Non-adoptive parent intended to perform functions above but death (Need C&C evidence)

Question 100

For element (a) (2) of non-adoptive transfers to adoptees, what evidence needed?

Answer 100

2-118 (a) (2) Death disrupted him fulfilling role of parent, need C&C evidence of this though.

Question 101

This case held... where an adult is adopted for the purpose of making that person an heir entitled to inherit under a pre-existing testamentary instrument, that person will not be considered an heir if doing so conflicts with the intention of the testator.

Answer 101

Minary v. Citizens Fidelity Bank & Trust co.

Question 102

Transferor not a parent to adoptee code?

Answer 102

2-705 (d) (1) (2) (2019)

Question 103

How is a de facto parent described?

Answer 103

By statute in each state.

Question 104

2-119 (C) ?

Answer 104

An adjudication that an individual is a child of a de facto parent does not affect a p-c relationship between the child and former parent. (Unless 2-114 cut it off / deadbeat)

Question 105

1. Posthumous child conceived when? 2. When can they inherit from dead father? ** When does property law treat a child as "in-being?"

Answer 105

1. Conceived before death but born after. 2. If later born alive and in best interest to do so. **Conception

Question 106

T/F) A posthumously conceived child is a martial child. Exceptions?

Answer 106

False, it is always nonmartial. This is true even if genetically tied to decedent. Exception: UPA § 204 says if conceived b4 D death, it is martial child.

Question 107

Which Act and section creates rebuttable presumption of parentage of a child born to woman inside 300 days of hubby death?

Answer 107

UPA § 204

Question 108

UPA § 204 ?

Answer 108

Creates rebuttable presumption of parentage of a child born to woman inside 300 days of hubby death. Plus, if conceived b4 D death, it IS a martial child.

Question 109

UPC 2-104 (b) (3)? (Assisted reproduction after D death)

Answer 109

1. Lives at least 120 hours 2. D PR notice inside 6 months 3. In embryo inside 36 months 4. Born inside 45 months

Question 110

An ________ is a prepayment against inheritance.

Answer 110

Advance

Question 111

Does an advancement have to be repaid if greater than inheritance?

Answer 111

No!

Question 112

2-109 (c)?

Answer 112

If receipient of the ADV PDD D, then the ADV is not taken into account in computing the division and distribution of estate... (IE: Goes to kids) Unless D contemporaneous writing provides otherwise.

Question 113

T/F) Except as provided in 2-803 and 804, a change of circumstances does not revoke a will or any part of it.

Answer 113

True!

Question 114

This case held.... If the statutes of descent require distribution of a decedent’s assets to the party responsible for the wrongful killing of the decedent, the estate must pass as statutorily required, but equity imposes a constructive trust requiring the killer to hold the assets in trust for the decedent’s next of kin.

Answer 114

In re Estate of Mahoney (1966)

Question 115

Slayer rules apply primarily to three types of killings, all of which are F&I.

Answer 115

1. Intentional / Felonious (Murder) 2. Manslaughter 3. Assisted Suicide (most states) Not self defense

Question 116

1. 2-803 (B)? 2. (C)?

Answer 116

1. (B): Forfeits all benefits, D intestate estate passes as if killer disclaimed the share. 2. (C): Revokes any revocable interest in property, severs interests of JT to TIC. 3. (D): The rule of (C) does not affect third party interest in property unless writing declares so. 4. (G) After appeals exhausted, judgment of conviction conclusively establishes person as slayer. In absence of conviction, if interested persons petition, court must determine, under PPE standard, if person did the F&I killing. If so, determination is then conclusive.

Question 117

2-803 (G)?

Answer 117

1. After appeals exhausted, judgment of conviction conclusively establishes person as slayer. 2. In absence of conviction, if interested persons petition, court must determine, under PPE standard, if person did the F&I killing. If so, determination is then conclusive.

Question 118

This case, using Strict compliance, held... to be valid and enforceable, a will otherwise validly executed must strictly comply with the requirement of the Wills Act of 1947 that the testator sign the will and the will may not be revised by the court to make it compliant with the Wills Act of 1947.

Answer 118

In re Pavlinko's Estate

Question 119

This case held... If two people make wills that are the same and sign each other's wills by mistake, but everything else is done correctly, the wills can be read together and used in court.

Answer 119

In re Snide (Exception case to Strict Compliance)

Question 120

Essay definitions: 1. Strict compliance (Palvinko)

Answer 120

To be valid, a will must follow all formalities requirements. (Palvinko) If not, cannot be probated, even if it comports with Ts intent.

Question 121

Essay definitions: 1. Substantial compliance (Ranney)

Answer 121

Court may deem defective will as being in accord with formalities if C&C evidence that purpose of those formalities (Substantially complied with) were served. In re Will of Ranney

Question 122

Essay definitions: 2-503

Answer 122

HE: Court may excuse noncompliance if C&C evidence that D intended the docx to be his will.

Question 123

Strict compliance case? Sub compliance case?

Answer 123

1. Palvinko 2. Ranney