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Probate Assets: Property held in the decedents name alone that requires the decedents signature to transfer

Non-Probate Assets: Travel by operation of law or contract: (1) Property owned as tenants by the entirety; (2) Joint tenants w/ ROS; (3) Life Insurance policy with a named beneficiary.

Gifts Causa Mortis: -Donative Intent -Effective Delivery -Made in contemplation of death - Acceptance (presumed)

Disclaimer: (1) Must be in writing (2) Unequivocally declare disclaimer (3) Define the interest/gift being disclaimed (4) Signed by the disclaimant (5) Delivered to PR *Before acceptance *After death of decedent Assignment of Expectancy: Enforceable with adequate consideration.

Advancements: T died intestate (1a) Decedent declared in contemporaneous writing -or(1b) Heir acknowledged in writing the gift is an advancement **Add value of gift back into NDE, divide into equal shares, then subtract the value of the advancement from the donees share

Ademption by Satisfaction: T died testate (1) Will provides for a deduction of the gift (2) Testator declared in contemporaneous writing that the gift is in satisfaction of a devise (3) Devisee acknowledges in writing the gift is in satisfaction of devise

3805 Claims: a.) Admin. Of Estate b.) Reasonable burial & funeral expenses c.) Homestead Allowance d.) Family Protections e.) Exempt Property f.) Fed tax g.) Reasonable hospital expenses h.) State tax i.) All other claims Dower: A life estate in 1/3 of all real property the decedent had an interest in at the time of his death Elective Share: of intestate share [minus] of non-probate transfers

WILL REQUIREMENTS: (A) Must be at least 18 (B) Must have sufficient mental capacity: *Ability to understand that one is providing for the disposition of ones property after death; *Ability to know the nature and extent of ones property *Knows the natural objects of ones bounty *Ability to understand in a reasonable manner the general nature and effect of ones act in signing the will (C) Testamentary Intent: *Did the signer of the document intend the document to be his/her will? *Did the document contain a plan of distribution for how the testator wanted probate assets distributed after death

Formal Will: (1) In writing (printed or typewritten) (2) Two witnesses (3) Signed by testator **proxy signature: done in conscious presence of T and mustve been directed by T to sign] Holographic Will: (1) Must be in Ts handwriting (2) Dated (3) Signed by T ** no proxy signature allowed

Omitted Spouse Formula: Subtract any devises to children from a previous relationship (this gives you the revised NDE) Then apply surviving spouse formula: 150K + with children in common; 100K + without children in common; 150K + if no children in common but Ts parents are still alive

Pre/Postnuptial Agreements: (1) In writing (2) Full & Fair disclosure (3) Entered into before/after marriage

Waiver: (1) In writing (2) Signed (3) After fair disclosure

Mistake: Inducement T is mistaken about fact/law that caused him to write his will in a particular way [Omission]: omitted child because you thought they were dead [Inclusion]: included someone because you thought you were still married ExecutionA problem exists in the contents of the will [Omission]: thought you added someone, but attorney forgot to do it [Inclusion]: thought you removed someone, but your attorney forgot, thus included them in the will by accident

Fraud: (1) statements which are false (2) known to be false by the party who makes them (3) which are material (4) made with the intention of deceiving the testator (5) actually deceive the testator (6) causing testator to act in reliance upon such statements Execution: someone lied about the contents of your will Inducement: someone lied about facts, prompting you to prepare your will in a particular way **Corrected by creating constructive trust on ALL heirs

Ambiguity: [Patent]apparent on the face of the will *If rule of construction wont resolve the ambiguity(plain meaning, etc.) than the Ct. will allow ext. evidence [Latent]not apparent on the face of the will

Undue Influence: (1)* Opportunity (2) Susceptibility (3) Disposition (4) Procurement taking an active role in the testators will (5)* Unusual/Suspicious Circumstances (*)once proven, BOP shifts

Settlement of Wills Contests: (1) Must be in writing (2) All parties must agree (3) Must be followed by PR Lost Will: (1) Proof will was duly executed (2) Proof the nonproduction and inability to produce was by reasonable diligence (3) substantial proof of contents of the will by a credible witness (disinterested party) Acts of Independent Significance: Must have independent significance apart from their effect upon the dispositions made in the will [Example- $100 to the employees of my store at my death]

Integration: (1) Pages were present at execution (2) T intended the pages to be part of his will *If met, Ct. will include it in the will

Incorporation by Reference: (1) In writing (2) writing exists at the time will is executed (3) will manifests intent to incorporate it into the will (4) will must specifically describe the document testator directed us to look at *If met, the Ct. will include it in the will

Disposition by List [personal property only] (1) In writing *if typed, must be signed by T. (2) describe items with reasonable certainty (3) can only dispose of property not already disposed of by will

Anti-Lapse: (1) Did the devisee predecease the testator? (2) Did the testators will provide for an alternative devise? (3) Is the devisee a lineal descendant of Ts parents? (4) Did the devisee leave surviving descendants? ** if yes to (4), then a substitute gift is created for the descendent of the devisee. If the anti-lapse statute doesnt apply, then to residuary. If no residuary, then common law anti-lapse statute causes the gift to go to intestacy.