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Estate Law: Q&A
Larger concepts in question form
|Must the witnesses sign in the presence of the testator?
|Must the witnesses sign in the presence of each other?
|After the first witnesses signs, how long does the second witness have to sign?
|Is an attestation clause required in a will?
|Can your lawyer retrieve your will from the country court?
|No, not as long as you are alive.
|Who can retrieve your will from the county court?
|Only the testator.
|Does the will ever become public domain?
|Yes, after death
|Can you void a will by writing 'void' on it?
|Can you revive a will by destroying the predecessor?
|No, but you can contest and name the will invalid in court. That means the previous will is valid.
|If you inherit a home, do you inherit the mortgage?
|Who can object to your will?
|How are adopted children viewed by the law?
|Act as relatives according to laws
|If there is no will, who are the first to get access to your assets (step 1)
|Spouse, children, and grand-kids.
|How much does the spouse get if there is no will?
|Wife gets first $50,000
|If there is no will, no spouse, or children, who receives your assets (step 2)?
|If there is no will, no spouse, no children, no parents who receives your assets (step 3)?
|Brothers and sisters and issue of predeceased (such as nephew)
|If there is no will, no spouse, no children, no parents, no brothers or sisters who receives your assets (step 4)?
|Grandparents can party with aunts and uncles and 1st cousins. If there is a grandparent on one side, shut it down
|Who are the distributees of last resort?
|Where is a death certificate files
|Filed where you die. Not where you are domiciled. (proper venue is where you are domiciled)
|If a codicil hurts you and you are not a distributee, can you object to the will?
|What is the answer to problem 18?
|what is the answer to problem 29?
|What are the 3 after born statute situations?
|1) Testator draws will. Provides for children. Afterborn is entitled to to assets. 2)Testator did not name children as beneficiaries. afterborn gets nothing 3)Testator draws will with no children. After born takes intestate share.
|What is the three arm baby rule?
| If there is a step parent adoption the baby develops a third arm and can inherit from the parent who gave him up.
|True or False: An executor leaves $50,000 to a custodian on behalf of a 16 year old man,custodianship has to be set up with the court.
|In a life estate, who pays for taxes and the repairs?
|If you inherit property do you need a copy of the deep?
|No, the will acts as the deed
|Can you be a distributee and not a beneficiary?
|Joe leaves me his car. I die 3 days before Joe, does my estate get the car?
|No (due to 150 hour rule)
|A leaves car to B. B dies two days after A. Where does the car go?
|To A's residuaries
|A leaves money to B. B dies 6 days after A. Where does A's money go?
|To B's estate
|Can money from an estate be used to pay off a mortgage?
|Can a life estate be defeated?
|Yes, a will can state something to the effect of: To Morgan, I leave a life estate so long as he is married to my daughter.
|When is the title of passage realized on real estate?
|Immediately upon death. Property must be owned by someone.
|If you are not a distributee and a codicil hurts you, can you object to the will?
|In a guardian account, if $50,000 is left to a minor does the court take over control of that money?
|Yes, the court can disperse money to the minor at the courts discretion. Known as Guardian of Property
|In a guardian ship account, when does a minor come of age?
|If A and B are tenants in common and A dies leaving money to C, who gets the money?
|Tenants in Common mean both parties own half. In this case, C would inherit A's half. C and B are now tenants in common.
|In order to be an executor of a will you must be eligible. What are the terms of eligibility?
|Cannot be a Minor. Cannot be an Alien. Cannot be a Felon. Court Discretion. You Must Have the Will.
|Can you inherit from someone you murdered?
|True or False: Betty dies. She lived in Schenectady county. Albany country surrogate court has jurisdiction and proper venue
|False. Albany county has jurisdiction but not Proper Venue
|True or False: You can be a witness and a beneficiary?
|Is a death certificate necessary to probate a will?
|Are death certificates filed where you die or where you were domiciled.
|If A leaves B a life INS policy and B dies 3 days after A, does B get the INS policy.
|No, (INS policies also apply to 150 day rule)
|When do custodian accounts expire?
|Terminates at 21 unless it states 18.
|A: $50,000 B: $50,000 --------- C: (House worth $100,000) and RRR No cash in estate, only house. Who gets what?
|A and B split the proceeds from selling the houes ($50,000 each). C gets nothing. Everyone above the residuary takes before residuary