Podcast
Questions and Answers
What is the term for a will that has not been updated to reflect changes in circumstances?
What is the term for a will that has not been updated to reflect changes in circumstances?
Which doctrine requires that the testator and witnesses actually see each other when signing the will?
Which doctrine requires that the testator and witnesses actually see each other when signing the will?
What happens to a gift that is lapsed if there is no applicable anti-lapse statute?
What happens to a gift that is lapsed if there is no applicable anti-lapse statute?
Which term describes a situation where a testator is induced to create a will based on false pretenses?
Which term describes a situation where a testator is induced to create a will based on false pretenses?
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What is the significance of the 5th amendment in relation to property after death?
What is the significance of the 5th amendment in relation to property after death?
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What is the name of the person responsible for administering a will after the testator's death?
What is the name of the person responsible for administering a will after the testator's death?
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What is the effect of a lifetime gift presumed under common law on a beneficiary's share of the estate?
What is the effect of a lifetime gift presumed under common law on a beneficiary's share of the estate?
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In Florida, what is the minimum number of witnesses required to validate a handwritten will?
In Florida, what is the minimum number of witnesses required to validate a handwritten will?
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Study Notes
Wills and Intestacy
- Holographic Will: A handwritten will.
- Line of Sight Doctrine: Requires testator and witnesses to see each other when signing a will.
- Duress: Occurs when a testator is forced to make a will involuntarily.
- 5th Amendment: Ensures the right to transmit property after death.
- Anti-lapse Statute: Redirects a lapsed gift to the decedent of the predeceased beneficiary.
- General Understanding: The level of understanding a testator must have to determine capacity in a will.
- No Residue of the Residue Rule: Forces lapsed residuary devises into intestacy.
- Void Devise: A devise to a beneficiary who is dead at the time of the will's execution.
- Stale Will: A will that has not been updated to reflect changes in circumstances.
- Words of Survivorship: Can preclude the application of the anti-lapse statute.
- Fraud: Occurs when a testator is induced to make a will based on false pretenses.
- Insane Delusion: A will contest term used when a testator suffers under false reality.
- Intestate: Dying without a will.
- Intestacy Statutes: Reflect the legislature's best guess of the decedent's probable intent.
- Consanguinity: A table used to determine familial relationships.
- Per Stirpes / English Per Stirpes: Florida's system of representation for determining how descendants inherit in intestacy.
- Plenary Guardian: A guardian who exercises all rights of the person they are appointed for.
- Will Witnesses: Florida requires two witnesses to validate a handwritten will.
- Will Signing Location: Florida requires wills to be signed at the bottom of the will.
- Intestate Spouse's Share (with other children): 50% of the estate.
- Creditors' Claims on Trusts (Florida): Creditors can take against self-settled revocable trusts after a settlor's death.
- Creditors' Claims on Discretionary Trusts (Florida): Children and spouses of beneficiaries cannot make creditor claims against discretionary trusts.
- Creditors' Claims on Spendthrift Trusts (Florida): Children and spouses, and their children can make claims against spendthrift trusts.
- Executor: Handles the administration of a will after the testator's death.
- Ancillary Probate: Probate that happens when a testator owns property in another state.
- Florida Probate Types: Formal Administration and Summary Administration.
Other Probate Concepts
- Advancement: A lifetime gift presumed to reduce a beneficiary's inheritance share.
- Testacy: Applies to situations where a will is involved.
- Beneficiary's Share Example: (A) has children (B) and (C); (B) dies with children (D) and (E); (A) dies intestate, (E) gets 1/4 of the estate.
- Probate Functions: Provide evidence of transfer, distribute to beneficiaries, and protect creditors.
- Intestacy's First Taker: The spouse.
- Slayer Rule: Prevents a beneficiary who killed the decedent from inheriting.
- Elective Share Purpose: Prevents a spouse from being disinherited.
- Self-Proving Affidavit: A bill attached to a will making it unnecessary to call witnesses to court for validation.
- Simultaneous Death Rules (UPC): Only voided by clear and convincing evidence survivor lived 120 hours after decedent.
- Governing Law for Will Probate: The state where the decedent resided.
- Simultaneous Death Provision in FL: 0 hours required between decedent and spouse.
- UPC Intestacy System: Per Capita at each generation.
- Disclaiming a Beneficiary: Treated as if they predeceased the decedent.
- Florida Child Disinheritance: A child is not protected from purposeful disinheritance.
- Intestacy Relationship Preference: Blood relationship
- Revocable Trust to Irrevocable Trust: Upon grantor's death, a revokable trust becomes irrevocable.
- Simultaneous Death Treatment: Treated as predeceasing the decedent.
- Inheritance Law Focus: Decedent's rights
- Elective Share Variation: Percentage of elective share varies by state.
- Florida Elective Share Estate: Augmented estate determining elective share amount.
- Florida Spouse's Elective Share: 30%
- Lifetime Gift Effect (Florida): No effect on beneficiary's share.
- Abatement of Devises: Specific descriptions of how different types of devises are handled when a will doesn't have enough assets
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Description
Test your knowledge on essential concepts related to wills and intestacy. This quiz covers terms such as holographic wills, duress, and the anti-lapse statute. Enhance your understanding of the legal principles that govern the transmission of property after death.
