Week 2 Class Notes - Test 1

Question 1

The (1) has resulted in usage of less formal terms in wills, but this can be a problem mixed with (2); plus some states don’t use the UPC.

Answer 1

1. Uniform Probate Code

2. judges’ interpretations of wording

Question 2

It is possible to have a will and die (1) or (2)–usually unintentionally.

Answer 2

1. intestate

2. partially intestate

Question 3

A bequest is a gift of (1)(2) passing under a will.

Answer 3

1. specific

2. personal property

Question 4

A (1) is a gift of personal property referring usually to money. The receiver is a (2). A (3) is a gift of money from a specific source.

Answer 4

1. legacy
2. legatee
3. demonstrative legacy

Question 5

A devise is a gift of (1). A specific devise refers to a (2). The one receiving this property is the (3)

Answer 5

1. real property
2. specific property (e.g., vacation home)
3. devisee

Question 6

An heir specifically, formally refers to someone inheriting property through (1)

Answer 6

1. intestacy

Question 7

3 features of resiuary dispositions, which give “rest, remainder and residue” away

Answer 7

1. pervent intestacy
2. can be used for just real, just personal, or all remainder
3. first to abate

Question 8

Abatement in (1) or (2) of a gift or sum, so that (3) and (4) can be paid

Answer 8

1. whole
2. part
3. debts
4. taxes

Question 9

Order in which abatement will occur to different types of property under the will (by statute and if not specified in will)

Answer 9

1. property not disposed of by the will
2. residuary devises
3. general devises
4. specific devises

Question 10

Another tidbit regarding abatement is that personal representatives can (1) claims against the estate

Answer 10

1. negotiate

Question 11

(1) is property gifted in the will that is no longer in the estate (e.g., was gifted while person was alive). Adeemed property must be (2), and ademption does not apply to property that has just been (3)

Answer 11

1. Ademption
2. exactly the same as that in the will
3. moved (e.g., one lockbox to another)

Question 12

If property left to a beneficiary in a will is received by that beneficiary before death, this is called (1)

Answer 12

1. satisfaction

Question 13

Anti-lapse statutes prevent property from lapsing because (1). Without this, the property becomes (2) or is passed (3). The testatory can choose to actually (4)

Answer 13

1. the beneficiary predeceases the testator
2. residuary
3. intestate
4. provide for the git to lapse

Question 14

Regarding lapses, AZ’s (1) says that the beneficiary must survive the testator by (2) to receive the gift. Additionally, (3) can be added to wills to specify this same time frame.

Answer 14

1. survival code
2. 120 days
3. survival clauses

Question 15

(1) is distribution by representation. It eans that grandchildren will take a (2) of the child’s property.

Answer 15

1. per stirpes

2. divided share (e.g., if their mom was left 1/3, the two of them take 1/6)

Question 16

(2) is equal distribution. It means the grandchildren will take (2) as the child’s property. It is very rare.

Answer 16

1. Per capita

2. an equal share

Question 17

(1) has a specific meaning - It refers to the person who inherits PERSONAL PROPERTY from the decedent intestate

Answer 17

Next of kin

Question 18

(1) is relationship by blood that involves lineal descendants and ascendants–“up and down” relationships. This is what probate courts look to for (2). (3) means blood relationship involving collateral relationships - “sideways” relationships. A (4) is in a lineal relationship two ways.

Answer 18

1. Consanguinity (mother, daughter, etc.)
2. intestacy
3. Affinity
4. surviving spouse

Question 19

(1) are no considered blood relatives of parents as though natural born. (2) children have the same share as whole blood–this is different than adoptive children because you have to actually terminate the rights of bio parents to adopt. (3), if established as such, get an intestate share of property. (4) aren’t as big of a deal because by law you can’t cut them out of your will.

Answer 19

1. Adoptive children
2. Half blood
3. Pretermitted children
4. Pretermitted spouses

Question 20

If you kill someone, you can’t inherit from them.

Answer 20

Homicide Rule

Question 21

There are both laws and will clauses guiding what to do in case of (1)

Answer 21

1. simultaneous death (i.e., make property part of whose estate?)