WILLS & TRUSTS FLASHCARDS

    Intestacy

  1. What is quasi community property?

  2. What is community property?

  3. What is separate property?

  4. Surviving spouse's share of separate property depends on:

  5. How does distribution by per stirpes work?

  6. How does per capita with representation work?

  7. How does per capita at each generation work?

  8. What is a posthumous heir?

  9. What is the CA presumption in regard to adopted children and how they inherit from biological parents?

  10. What are the ways in CA in which a step child might be able to inherit?

  11. What is the Scottish Rule?

  12. Who are unworthy heirs?

  13. Ancestral property has never been applied to:

  14. What is an advancement?

  15. What is the CA presumption regarding advancements?

  16. What are the CA conditions in order for a gift to be an advancement?

  17. How many hours must heir survive decedent in order to take?

  18. What are some reasons to dislaim property?

  19. Where must disclaimer be filed?

  20. What is equitable conversion?

  21. Does CA allow heir designation?

  22. What are the four basic steps to go through when considering an intestacy problem?

  23. What law applies for personal property?

  24. What law applies for real property?

  25. Name five categories of potential heirs.

  26. What must a non-marital child prove in order to inherit from mother?

  27. What must a non-marital child prove in order to inherit from father?

  28. Under what circumstances will CA allow step and foster children to inherit like a child?

  29. What is CA view on inheritance rights of biological parents from a child that was adopted by someone?

  30. What are some other concerns that must be address when identifying potential heirs?

  31. What is the priority order of the intestacy distribution scheme?

  32. About what percentage of states use common law (state law)?

  33. Descent refers to what?

  34. Distribution refers to what?

  35. What are collateral relatives, and examples of such?

  36. About what percentage of people die intestate?

  37. About what percentage of states use community property system and where are the majority of them located?

  38. What are the four requirements for restoration of quasi community property?

  39. What are some examples of separate property?

  40. What rights of inheritance can a spouse waive?

  41. What are the requirements for a valid waiver?

  42. A waiver is enforceable unless the surviving spouse proves the following:

  43. If testator was unmarried at time of death and had no children, how would his separate property be divided?

  44. How does CA treat adult adoptions?

  45. What is going into hotchpotch?

  46. When last spouse to die dies, where does the property go that was inherited from the predeceased spouse (in CA):

  47. What are the requirements for a valid disclaimer?

    48. Wills

  48. What are the four main steps to go through when approaching a wills question?

  49. What are the four steps to determine validity of a will?

  50. How can legal capacity be satisfied?

  51. How can testamentary capacity be satisifed?

  52. How can testamentary intent be satified?

  53. What are the formalities for an attested (non-holographic) will?

  54. What are the requirements for the use of a mark in CA?

  55. In regard to witnessing a will, CA follows the continuous transaction view? TRUE or FALSE?

  56. What is the CA approach to having a witness also be a beneficiary?

  57. What are the formalities for a holographic will?

  58. How many states authorize statutory wills?

  59. What are some grounds for contesting will?

  60. What are some other issues to be concerned with if the will is deemed to be valid?

  61. How can revocation by operation of law occur?

  62. How can revocation by physical act occur?

  63. How can a will be revoked by subsequent writing?

  64. What is the intent view in regard to revival?

  65. What is dependant relative revocation?

  66. What are some issues that must be considered during distribution (overview)?

  67. What is the CA view in regard to ademption?

  68. What are two ways property can adeem?

  69. What are three ways a satisfaction can be proven?

  70. What effect does a change in value of a gift have?

  71. When does a pecuniary gift start earning interest?

  72. What is the CA view in regard to exoneration?

  73. What is the CA statutory order for abatement?

  74. What does apportionment apply to, and is it presumed in CA?

  75. How is a pretermitted heir's share calculated?

  76. How does the CA anti-lapse statute operate?

  77. How is survivorship determined under a will in CA?

  78. When is cy pres used?

  79. What are the CA presumptions in regard to the continuity of a will?

  80. What are four basic policy reasons for having formalities for a will?

  81. What are some examples of latent ambiguities?

  82. How does CA handle no apparent ambiguity concerns?

  83. How can external integration problems be prevented?

  84. What are the basic elements for incorporation by reference?

  85. What are four common times when facts of independant significance can be used?

  86. The existence of a class is determined when:

  87. Does the anti lapse statute apply to class gifts?

  88. What are the main categories of people that bring will contests and when can a will contest be brought?

  89. What are elements necessary to contest a will under insane delusion theory?

  90. What are the elements for undue influence?

  91. What are types of circumstantial evidence should be considered in determining if undue influence was exerted?

  92. Who are some prohibited transferees under CA statute?

  93. What are the elements of false representation?

  94. What are three types of fraud?

  95. What are two types of mistake?

  96. What are some factors that make an enhanced liklihood that will will be contested?

  97. What are some ways to make sure that a will is not contested?

  98. When do exceptions apply to the CA no contest provision?

  99. What are some ways to make sure that a no contest provision is followed?

  100. What is the California Savings Statute?

  101. What are two things that are allowed, but should never be done regarding the creation of wills?

    102. Estate Administration

  102. What are some of the responsibilities of the personal representative?

  103. How does the process of probating a will begin?

  104. What are the types of estate administartion that are available in CA and how do they work?

  105. What qualifications must the personal representative meet in order to serve?

  106. What does the probate referee do?

  107. When must notice to creditors be given by?

  108. What is the CA view in regard to the right of homestead?

  109. What is the average length of estate probation?

  110. How are fees for the personal representative and attorney determined?

    111. NonProbate Transfers

  111. What are some reasons to use non-proabtive methods of property transfer?

  112. What are the elements of an inter vivos transfer?

  113. What are the elements of a gift Causa Mortis?

  114. How do transfers of future interests work?

  115. What are the four unities of joint tenancy?

  116. What are some characteristics of a joint account?

  117. What is a key distinction of a agency or convenience account from a joint account?

  118. TRUE OR FALSE: Multi party accounts are effective means of avoiding creditors?

    119. Trusts

  119. What are the five basic steps to go through when approaching a trust problem?

  120. What are two types of trust that are a result of when created?

  121. What are three categories of beneficiaries of trusts?

  122. What are the eight steps in determining validity of a trust (overview)?

  123. What are the traits of a trust (overview)?

  124. Who can make changes to a trust?

  125. What issues must be dealt with when looking at propriety of actions?

  126. What are some reasons to convey property in a trust?

  127. What is the threshold factor in determining whether a trust has been created?

  128. What are the CA requirements for trusts in order to comply with the Statute of Frauds?

  129. Who has standing to bring SOF defense?

  130. How can acceptance by trustee be determined?

  131. How are decisions made when there are multiple trustees?

  132. How are successor trustees determined?

  133. What is an incidental beneficiary?

  134. What is the American view in regard to priority of assignment of beneficial interest?

  135. What is a spendthrift provision and what does it do?

  136. What are some CA exceptions to spendthrift provisions?

  137. What are some remedies for abuse of discretion in a discretionary trust by trustee?

  138. What is a key element of a support provision?

  139. Name some benefits of pour over provisions.

  140. What are the requirements to create a trust under the CA 1991 Uniform Testimentary Additions to trusts?

  141. How does the CA Uniform Statutory Rule Against Perpetuities work?

  142. What are five widely recognized categories of charitable trusts?

  143. Does the size of a charitable trust matter?

  144. Does CA require registration of a trust?

  145. What is the prudent investor/portfolio standard?

  146. How do CA exculpatory clauses work?

  147. How does CA treat trust powers?

  148. In order to uphold the duty of loyalty, what are some things the trustee should avoid doing?

  149. What are the ramifications of a breach of loyalty?

  150. When is self dealing permitted?

  151. How can a trustee be liable to third parties?

  152. What are three ways to determine allocation of receipts and expenses?

  153. What are the general allocation rules?

  154. Give examples of expenses that are apportioned to income and principal.

  155. What are some factors that can be used to determine reasonablness of compensation?

  156. How does deviation work and when is it applied?

  157. How may the parties modify the trust?

  158. How may a trust terminate?

  159. What are the basic procedural requirements for trust enforcement?

  160. What are the four ways to compute money damages against the trustee?

  161. What are the common reasons for removal of a trustee?

  162. What are some pre-breach remedies?

  163. What are some remedies involving trust property?

  164. When are remedies against the beneficiary available?

  165. When might a beneficiary be barred from recovery?

  166. What is a resulting trust and some ways one might be created?

  167. How may an constructive trust be created?

  168. What are the necessary elements for the creation of a constuctive trust?

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    201. NEW SET NAME


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