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Indiana Bar Exam: Wills

カード 39枚 作成者: gabriel (作成日: 2013/12/09)

  • Intestate share of surviving spouse if kids with D

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  • 1

    Intestate share of surviving spouse if kids with D

    補足(例文と訳など)

    答え

    • 50%

    解説

  • 2

    Intestate share of surviving spouse if SS and D have 0 kids together and D has kids from previously relationship

    補足(例文と訳など)

    答え

    • SS=1/2 personal 1/4 real

    解説

  • 3

    intestate share if SS and parents

    補足(例文と訳など)

    答え

    • SS= 3/4. Parents=1/4 (1/8 each if both living)

    解説

  • 4

    Intestate share if no kids or SS

    補足(例文と訳など)

    答え

    • Parents=1/4 each Brothers/sisters share = and nieces/nephews take by rep

    解説

  • 5

    Paternity of father/child relationship so child can inherit

    補足(例文と訳など)

    答え

    • 1. marital child and father acknowledges as own. 2. paternity affidavit signed. 3. if child born before father's death: a. if child older than 20, child must have established paternity during father's lifetime. b. if child less than 20, 5 months to bring claim to establish paternity. c. if the child is born after the death of the father, 11 months to establish paternity

    解説

  • 6

    Disclaim an inheritance: steps

    補足(例文と訳など)

    答え

    • 1. disclaim before any property accepted. 2. writing/other records. 3. delivered to the relevant person who is distributing the assets. 4. within 9 months of D's death (fed estate tax purposes). 5. Interest disclaimed in whole or in part. 6. guardian can make disclaimer if in the best interests of the incapacitated.

    解説

  • 7

    Formal requirements of a will

    補足(例文と訳など)

    答え

    • 1. legal capacity. 2. testamentary capacity. 3. testamentary intent. 4. proper execution/attestation

    解説

  • 8

    Proper execution

    補足(例文と訳など)

    答え

    • 1. in writing. 2. signed by T 3. 2 Ws.. 4. T signs/acknowledges in W's presence. 5. each W signs in presence of T and each other. 6. T publishes will

    解説

  • 9

    Oral wills and formalities

    補足(例文と訳など)

    答え

    • 1. will was made while T in imminent peril of death. 2. dies of that peril. 3. T orally declared his will . 4. in presence of 2 witnesses. 5. reduced to writing within 6 months. 6. personal property up to $1,000 or $10,000 if military. 7. oral will cannot revoke previous written wills

    解説

  • 10

    Choice of laws for wills

    補足(例文と訳など)

    答え

    • 1. valid in In law. 2. law where executed. 3. law of state T domiciled when executed. 4. T's domicile at death

    解説

  • 11

    Revocation

    補足(例文と訳など)

    答え

    • 1. by subsequent will/codicil . 2. operation of law. 3. by physical act

    解説

  • 12

    Revocation by physical act

    補足(例文と訳など)

    答え

    • 1. mutilation/destruction with intent to revoke. 2. done by T or at T's direction in T's presence. 3. mutilation was essential part of will. 4. revokes entire will

    解説

  • 13

    Lost/accidentally destroyed will

    補足(例文と訳など)

    答え

    • Will be probated if proponent can prove:. 1. valid will execution with testamentary formalities. 2. cause of non-production. 3. substantial proof of contents of the will (generally testimony of two witnesses)

    解説

  • 14

    Incorporation by reference

    補足(例文と訳など)

    答え

    • 1. writing in existence at time of will's execution and T's death. 2. will shows intent to incorporate. 3. will sufficiently describes writing

    解説

  • 15

    Tangible property disposed by writing

    補足(例文と訳など)

    答え

    • 1. signed by T. 2. refers to will in writing. 3. writing disposes of tangible property not mentioned in will. 4. IDs items and beneficiaries with particularity. 5. written before/after will execution

    解説

  • 16

    Elective share of spouse- kids with D

    補足(例文と訳など)

    答え

    • 1/2 real , 1/2 personal

    解説

  • 17

    Elective share of spouse: no kids with D and D has kids from other

    補足(例文と訳など)

    答え

    • 1/3 personal, 1/4 real

    解説

  • 18

    Will contest: T was of unsound mind

    補足(例文と訳など)

    答え

    • 1. T know value and extent of property? 2. T know natural objects of bounty? 3. T understand the nature of the disposition? 4. Did T understand the relation of these elements to one another in forming will?

    解説

  • 19

    Undue influence

    補足(例文と訳など)

    答え

    • T must sign freely and voluntarily. Courts will consider whether 1) influence was exerted 2) effect of influence was to produce a will T would not have written "but for" influence

    解説

  • 20

    Presumption of undue influence

    補足(例文と訳など)

    答え

    • arises when. 1. confidential relationship. 2. unnatural disposition

    解説

  • 21

    Fraud-will contest

    補足(例文と訳など)

    答え

    • Distorts T's intention. . 1) fraud in execution: Trick T into signing will but T still knows its a will. 2) fraud in inducement: lying to get T to alter/revoke/make a will

    解説

  • 22

    DRR

    補足(例文と訳など)

    答え

    • Court may disregard a revocation if the T mutilates/destroys will with a present intent to make a new will immediately and 1) new will not made 2) fails for some reason and 3) DRR will serve T's intent better than if no will is probated

    解説

  • 23

    Probate vs. Estate for Federal Tax

    補足(例文と訳など)

    答え

    • Indiana probate won't include joint tenancies/k rights/pour over trusts. Deduct 25K family allowance, 1/2 of co-tenant property, etc. IN has inheritance tax. Estate tax includes more and has $5 million exemption

    解説

  • 24

    Inheritance Tax in Indiana

    補足(例文と訳など)

    答え

    • Surviving spouse= 100% deduction. Class A (parents/kids/grandparents): $100K (1-10%). Class B (brothers/sisters/nieces): $500 (7-15%). Class C (everyone else) $100 (up to 20%)

    解説

  • 25

    Per capita with representation

    補足(例文と訳など)

    答え

    • Property divided into equal shares at the first generational level there is a taker. Each living person at that level takes a share, and the share of each deceased person passes to his issue by right of rep. Example: D has 3 kids, only 1 living. Divide among three kids and let grandkids take by rep.

    解説

  • 26

    Advancement

    補足(例文と訳など)

    答え

    • Intestate: presume advancement. Testate: no advancement unless: 1) in writing 2) T declares, or heir acknowledges, that the gift is advancement, 3) indicates that the gift is to be taken into account when computing intestate share

    解説

  • 27

    Satisfaction of legacies

    補足(例文と訳など)

    答え

    • 1. rebuttable presumption of satisfaction for gift to child . 2. only applies to general or residuary legacies

    解説

  • 28

    Ademption

    補足(例文と訳など)

    答え

    • 1. determine whether specific bequest can be identified in estate. if given away, lost, or destroyed during T's lifetime, ademption applies and gift fails. 2. Next, determine whether the change in property is one of form or substance. If just a change in form, ademption does not apply

    解説

  • 29

    Changes in form so ademption does not apply

    補足(例文と訳など)

    答え

    • Statute has softened the ademption rule in these circumstances: 1. casualty proceeds for insurance on loss of specific property paid after T's death, B gets proceeds 2. condemnation award paid after T's death. 3. all rights under executory K relating to property. 4. securities and security changed in entity due to a merger or consolidation (including stock splits/dividends). 5. T becomes incompetent and specific devise sold by guardian and proceeds paid to guardian

    解説

  • 30

    Insane Delusion

    補足(例文と訳など)

    答え

    • A type of incapacity. It's a legal concept. Insane delusion is a belief in facts that do not exist and that no rational person would believe existed. must show causation "but for"

    解説

  • 31

    Fraud in will contests

    補足(例文と訳など)

    答え

    • Fraud in execution: extrinsic evidence admitted. a misrep as to the nature of the contents of the instrument (ex: "here, sign this power of attorney real quick"). Fraud in inducement: T intended to write will and to include particular content of the will but was fraudulent induced by misrep as to facts re: influence to make decision.

    解説

  • 32

    Mistake in will contest

    補足(例文と訳など)

    答え

    • Mistake in execution: EE admissible. YOu mistakenly thought it was a power of attorney. Mistake in inducement: no EE admissible unless mistake appears on the face of the will ("because i know Ron is dead, i give to C. Ron is alive)

    解説

  • 33

    Wrong wills signed on accident

    補足(例文と訳など)

    答え

    • Courts split. argue both ways. 1 way: mistake as to nature of the instrument and lacked testamentary intent because no intention to execute what you signed. 2nd way: mistake in execution and EE admissible

    解説

  • 34

    Ambiguity

    補足(例文と訳など)

    答え

    • Extrinsic evidence admissible to cure either a patent (uncertainty appears on face of will) or a latent (when applied to facts it becomes uncertain).

    解説

  • 35

    Plain meaning rule

    補足(例文と訳など)

    答え

    • If unambiguous, evidence not admissible to show that T made a mistake

    解説

  • 36

    Personal rep of probate estate

    補足(例文と訳など)

    答え

    • You cannot be administrator if: 1. not 18.2. mentally incompetent. 3. convicted felon. 4. resident corp without authorization to act as fiduciary. 5. deemed unsuitable by corp

    解説

  • 37

    Unsupervised administration of estate

    補足(例文と訳など)

    答え

    • D's estate can be done without court supervision if a petition is filed by his:. 1. intestate heirs. 2. personal rep. 3. legatees/devisees. *notice of petition must be served on creditors, heirs, legatees

    解説

  • 38

    Duties of personal rep

    補足(例文と訳など)

    答え

    • 1. prepare inventory of estate's assets within 2 months after appointment. 2. close estate as soon as possible and file a closing statement within a year after appointment. must also give notice to Cs, pay debts and distribute/record deeds. . 3. personal rep must file with court no earlier than 3 months after notice to creditors that he has published a verified statement that indicates that he fulfilled above duties

    解説

  • 39

    Small estates- no administration required

    補足(例文と訳など)

    答え

    • Administration of estate can be avoided by:. 1. affidavit of entitlement: affidavit shows:. a. gross probate estate <$50K b) 45 days since death c) no personal rep or personal rep action pending

    解説

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