Trust and Estates Final Exam

Able died intestate on July 1, 1990. His estate is worth $100,000. Able was not survived by a spouse but was survived by two sons, Bill and David. In 1988, Able had given Bill $80,000 to take a trip around the world. At the time he gave Bill the money, Able also gave Bill a written note stating that the $80,000 gift was to be an advancement against Bill's share of Able's estate. How should the court distribute Able's estate?

$10,000 to Bill; $90,000 to David. Since Able made a written statement that the funds were an advancement, they will be treated as such. For accounting purposes, we bring the $80,000 gift back into the estate and calculate each son's share to be $90,000. Since Bill has already received $80,000, he receives an additional $10,000 and the remaining $90,000 is distributed to David.

To illustrate the operation of the elective share provisions under the UPC, consider that H died with a net probate estate of $120,000. In his will, H left $20,000 to his wife W and the rest of the estate (worth $120,000) to charity C. In addition, H named W as pay-on-death beneficiary of a $30,000 bank account and a nephew N as beneficiary of a $300,000 revocable trust. W owns other property worth $150,000. All of these assets, totaling $600,000, are included in H's augmented estate. Assuming H and W had been married for 15 years at H's death, the marital-property portion is 100%, and W's elective share is _____. This is satisfied first from W's $20,000 bequest and the $30,000 bank account; next from W's own property worth $150,000; finally the balance of the elective share ($100,000) from C and N in proportion to their respective interests in the augmented estate - ($25,000 (1/4 of $100,000) from C) and $75,000 (3/4 of $100,000) from N.

$300,000

Able died intestate on July 1, 1990. His estate is worth $100,000. Able was not survived by a spouse but was survived by two sons, Bill and David. In 1990, Able had given Bill $20,000 to take a trip around the world. How should the court distribute Able's estate?

$50,000 each to Bill and David.

Advancements. During her lifetime D, a widow, advanced $30,000 to her child A, $20,000 to her child B, and nothing to her child C. Later D dies intestate, leaving an estate of $130,000 to be distributed t to he three children. To compute children's intestate shares, the value of D's distributable estate ($130,000) is notionally increased by the total amount of the gifts she made to the children by way of advancement ($50,000); this is referred to as bringing the advancements into "hotchpotch." The resulting tentative base ($180,000) is divided equally among the three children and each child's tentative share is _____. Each tentative share is reduced by the amount previously advanced to that child. Thus, A ends up with an intestate share of ______. B with ______. C with ______. (Adds up to the total amount of D's distributable estate - $130,000). No child is required to return any amount received as an advancement. Suppose that A received $90,000 instead of $30,000. A ($90,000)+B ($20,000)'s advancement = $110,000 into the hotchpotch. This would bring the tentative base to $240,000 ($130,000+$110,000), resulting in a tentative share of _______ for each child. A is entitled to retain the full $90,000 given to her by D for life, but as a consequence of doing so she receives nothing from D's estate. Moreover, A drops out of the hotchpot computation, leaving a tentative base of $150,000. This means _____ for B and C. After reduction for advancements, B gets ____ and C gets ____ (Adds up still to $130,000 - amount of the distributable estate).

$60,000 $30,000 $40,000 $60,000 $80,000 $75,000 $55,000 $75,000

Factors to show a child is entitled to estate under equitable adoption (four factors): Factors must be shown by clear and convincing evidence.

1. An agreement b/t the natural parents and foster parent for adoption of the child 2. performance on the part of the natural parents in giving up custody 3. performance on the part of the child in living in the foster parent's home 4. partial performance by the foster parent in treating the child as an adopted child

Jack, a widower, had three sons, all of whom predeceased him. His eldest son, Arthur, left one child, Sara. His middle son, Bob, left two children, Tim and Tom. His youngest son, Harry, died only a month before Jack and, at the time of Harry's death, Harry's wife was pregnant. Five months after Jack's death, Harry's wife gave birth to a daughter, Laura. If Jack died without a valid will, to whom should the estate be distributed?

1/4 each to Sara, Tim, Tom, and Laura. Laura is considered Jack's heir since she was conceived prior to her father's death. (§6407) Since all of the heirs are related in the same degree of kinship, they take equally.

UPC _______ The surviving spouse of a decedent who dies domiciled in this state has a right of _______, under the limitations and conditions stated in this [part], to take an elective-share amount equal to 50 percent of the value of the marital property portion of the augmented estate.

2-202 election

In many states, the right to claim an elective share is personal to the surviving spouse. The election must be made during the spouse's lifetime; it cannot be made by a personal representative after the spouse's death. [UPC ____]

2-212(a)

§____. Method of intestate distribution of shares. If a statute calls for property to be distributed or taken in the manner provided in this section, the property SHALL be divided into as many equal shares as there are living members of the nearest generation of issue then living and deceased members of that generation who leave issue then living, each _________ member of the nearest generation of issue then receiving one share and the share of each deceased member of that generation who leaves issue then living being divided in the same manner among his or her then living issue. • NOTE: if there is a branch of a family that is totally deceased, you disregard that branch when allocating equal shares of decedent's estate - "and deceased members of that generation who leave issue then living." • If the will does not specify the manner in which the issue or descendants take, distribution will be ____ _____ as provided in § _____, as long as the will or trust does not express a contrary intention.

240 living per capita 240

Suicide. In re Tarlo's Estate, p.97: H kills W and his young D and then kills himself. PA's slayer statute expressly required that killer be "adjudged guilty." -> "________ ________" - criminal law interpretation. "Adjudged" as used in the statute was the equivalent of "convicted and sentenced." - A separate proceeding in the Orphans' Court cannot suffice. - The Legislature (not the court) should make the change to cover the situation before it. --Dissent: willing to give statute more flexibility to do equity. • Doctrine of equity: not every statute targets the specific set of facts before it. As a matter of public policy wrongdoers should be prevented from profiting from his own misconduct, i.e. since H died after W, H received ½ of W's estate and this part of W's estate would pass to Hs next of kin. HYPO #1: S kills M. S reached a deal where he pleads guilty to voluntary manslaughter. o Does S inherit in CA? Probably not. The dividing line in CA is b/t voluntary (i.e. ________) and involuntary manslaughter. HYPO #2: If S is acquitted for the murder does S get to inherit? Maybe. All this means is that S was not found guilty at the high standard of the criminal proceeding (beyond a reasonable doubt). o In the absence of a final conviction, a court may determine by a ________ of evidence whether the killing was felonious and intentional. HYPO #3: S kills H. • Does S's kids take H's estate or does S's brother take the estate? _______ takes whole estate. • Does S's intent for killing H matter, i.e. killing H to grab a share of the estate or for revenge? Maybe for purposes of 253, otherwise we do not look to the motive of the killer.

Adjudged guilty Intentional Preponderance Brother

Bill died on July 1, 1990. He had never been married and had no children. He was an only child and his parents predeceased him. Bill's maternal grandmother survived Bill as did Bill's Uncle Wally, the son of Bill's paternal grandparents. If Bill died without a valid will, to whom should his estate be distributed?

All to Bill's grandmother Cal. Prob. Code 6402(d) provides that, if the decedent is survived by grandparents, they take the property equally. Since no provision is made for taking by representation unless all grandparents are deceased, Wally takes nothing. Although the Probate Code provides the the estate is to be split among the grandparents, there is no provision for representation if any grandparent survives (Cal. Prob. Code §6402(d))

Bob and Mary Wilson, husband and wife who were domiciled in California, were fatally injured in an automobile accident. When the first person arrived on the scene, both Bob and Mary appeared to be dead. The paramedics could find no sign of life in either party when they arrived on the scene. Bob and Mary had no children of their marriage; however, Bob had a child, Heather, from a previous marriage. Both Bob and Mary's parents are living. If Bob died without a valid will and owning only community property, his estate will be distributed as follows:

All to Heather. Mary will be deemed to have predeceased Bob unless she survives him by 120 hours. Since Bob was survived by his daughter, she would be entitled to his estate.

In the preceding question, if Mary died without a will and owning only community property, to whom should her estate be distributed?

All to Mary's parents. Since Bob is presumed to have predeceased Mary, her parents inherit Mary's estate.

O died recently. O not married and didn't have any children or siblings. O was survived by O's divorced parents, H & W. H is currently married to W2 and W is currently married to H2. Parents of H, W, W2, and H2, as well as siblings of H, W, W2 and H2, plus a number of descendants of those siblings survived O. O had maintained a close relationship with O's parents and their spouses and extended families, but O executed a will prior to O's death which leaves all of O's property to F, a friend. F has filed the will for probate. Which members of O's extended family have standing to contest the will? How'd your answer differ if following the divorce of O's parents, O had been adopted by W's second husband, H2, in order for O to be covered by H2's medical and dental insurance coverage at work? Assume 1. H2 had 2 children from a prior marriage, S1 and S2, and 2. W died intestate, survived by O, H2, S1 and S2. Discuss the likely distribution of W's estate.

Because H2 is also the father of children of a prior marriage, H2 is W's sole heir only if the value of the probate asset is less than $225,000. (UPC §2-102). If the value of W's probate estate exceeds $225,000, O is entitled to a share of W's probate estate. Having been adopted by H2, O is the child of W and H2 for intestacy purposes. W's stepchildren, S1 and S2 are excluded. O and H will share equally the estate in excess of $225,000. Compare: CA §6401 - community property state. Decedent's half of the community property passes to the surviving spouse only if all the decedent's descendants are also descendants of the surviving spouse.

O died recently. O's closest living relatives at the time of O's death were A, the first cousin of O's mother, and B, a child of a great uncle of O's father. Which answer best describes the identify of O's heirs at law? Assume in addition that O was also survived by C, the child of O's deceased first cousin. What best describes who succeeds to O's probate estate?

C gets all of O's estate because under 2-103 a child under the line of decedent's grandparents would inherit from O if there are no other takers.

8. S1 and S2 were married. S1 died recently. S1's original will left all of S1's property equally to S2 and C, S1's adult child by prior marriage. However, S1 revoked the described will shortly before S1 died and then validly executed a new will leaving "all of my property" to P, S1's friend. This will has been admitted to probated. Assuming all debts and taxes has been satisfied, which answer best describes the most likely disposition of S1's estate? A. P succeeds to the assets. B. S2 takes S2's elective share, C takes an intestate share,and P inherits the balance. C. S2 takes S2's elective share, and P inherits the balance. D. C takes an intestate share, and P inherits the balance.

C. S2 is entitled to an amount equal to the value of S2's elective share percentage of the augmented estate, less the value of S2's property included in the augmented estate, and P will inherit the balance. (UPC 2-202; 2-212)

O died intestate recently. O was survived by parent (P). Additionally a twice divorced O was also survived by a child from O's first marriage, C1; another child born to O during O's second marriage, C2; and a child born to O's second spouse during a prior marriage of that spouse, C3, who lived with O during the second marriage. C1, C2 and C3 are still minors and still in the custody of their respective surviving parents. What best describes O's heirs?

C1 and C2, who would share O's probate estate equally. C3 is a stepchild and excluded unless O had adopted C3 (or unless the intestate isn't survived by a spouse, issue, parents, grandparents or their issue). UPC §1-201(5) 2-103

O died recently w/o a will. O had 2 children born of O's only marriage, which ended when O's spouse died years ago. The children were C1 and C2. C1 died 1 month before O and C2 died 1 month AFTER O. C1 was married to S1 and they had one child, G1. C2 was married to S2, and they had one child, G2. Each child had a valid, probated will leaving his/her property to his or her spouse. Assume that one year prior to O's death, O had conveyed Blackacre to C2. What happens to C2's share in O's probate estate?

C2's share of the estate wouldn't be affected. Absent written evidence that O intended the conveyance to be an advancement (or that C2 acknowledged the gift as an advancement), S2 not only inherited Blackacre when C2 died, but also succeeded to C2's interest in O's probate estate [UPC 2-209]

Presumption of the 120 hour rule is that if it cannot be established by ______ ______ ______ evidence that a person who would otherwise be an heir has survived the decedent by 120 hours, it is deemed that the person failed to survive for the required period. (Cal. Prob. Code §____)

Clear and convincing 6403

Under the old UPC, Pg. 178

Copy the hypo on that page.

9.

D. The change of beneficiary likely to be invalid. ERISA requires the participant's spouse to agree to a change of beneficiary. It does not matter if the participant resides in a non-community property state or a community property state. S2 is still likely to receive some death benefit, such as a qualified pre-retirement survivor's annuity under ERISA.

The ______ applies to most private pension plans, mandates specified benefits for the surviving spouse of a deceased participant. In the case of a participant who dies ____ reaching retirement age, the plan must provide benefits in the form of qualified joint and survivor annuity (QJSA) for the lives of the participant and the surviving spouse. The surviving spouse's benefit must not be less than 50% nor more than 100% of the benefit payable while both spouse are living. In the case of a spouse who died ______ the age of retirement, the plan must provide benefits in the form of a qualified preretirement survivor annuity consisting of an annuity for the live of the _____ _____ computed in a manner analogous to the survivor component of a QJSA. Participant may elect a different form of benefits with the spouse's written consent. If the _____ dies first, the entire benefit is payable to the participant. In effect, ERISA provides an _______ share for undistributed pension plan assets as a matter of federal law.

ERISA after before spouse elective

O died recently w/o a will. O had 2 kids from O's only marriage, which ended when O's spouse died years ago. The children were C1 and C2. C1 survived O, and C2 died one month after O. C1 has a child, G1. C2 was survived by a child, G2. Following O's death, a qualified disclaimer of C2's interest in O's estate was properly filed in the probate proceedings of O's estate by C2's personal representative because a creditor of C2 had filed a large judgment lien against C2 prior to O's death. What legal effect of the disclaimer on C2's interest in O's probate estate?

Early common law didn't allow a decedent's heirs to refuse to accept their inheritances. Modern statutes in most states, such as UPC §§1-1102, 2-1105, 2-1106, authorize an heir to disclaim the heir's interest in the decedent's estate so that the property to which the heir would've been entitled passes as if the heir had predeceased the decedent. Statutes in some states, such as ups 2-1105, permit an heirs court-appointed surrogate, guardian, conservator or personal representative to execute the disclaimer. However, the law varies from state to state on the effect of the disclaimer will have on the disclaimant's creditors. (Cal Prob Code §282)

In the preceding question, if Ed died without a valid will, to whom should his estate be distributed? Remember that he had community, quasi-community and separate property and that he was survived by his wife, Mary, and by one child, Junior.

Ed's interest in the home and the stocks and one-half of Ed's interest in the bonds should be distributed to Mary; the remainder should be distributed to Junior. The home is community property and the stocks are quasi- community property. Ed's interest in both passes to Mary as the surviving spouse. Cal. Prob. Code § 6401(a) and (b). The bonds are separate property and, since Ed was survived by only one child, Mary receives one-half of the bonds. The remaining one-half of the bonds are distributed to Junior.

O died recently. O not married and didn't have any children or siblings. O was survived by O's divorced parents, H & W. H is currently married to W2 and W is currently married to H2. Parents of H, W, W2, and H2, as well as siblings of H, W, W2 and H2, plus a number of descendants of those siblings survived O. O had maintained a close relationship with O's parents and their spouses and extended families, but O executed a will prior to O's death which leaves all of O's property to F, a friend. F has filed the will for probate. Which members of O's extended family have standing to contest the will?

H&W The parties with standing to contest the probate of a will include the decedent's heirs at law. Notwithstanding their divorce, H & W were O's parents and O's only heirs at law absent extraordinary circumstances (UPC 2-103, 2-114). Same result in CA (§6452).

O died recently. O not married and didn't have any children or siblings. O was survived by O's divorced parents, H & W. H is currently married to W2 and W is currently married to H2. Parents of H, W, W2, and H2, as well as siblings of H, W, W2 and H2, plus a number of descendants of those siblings survived O. O had maintained a close relationship with O's parents and their spouses and extended families, but O executed a will prior to O's death which leaves all of O's property to F, a friend. F has filed the will for probate. Which members of O's extended family have standing to contest the will? How'd your answer differ if following the divorce of O's parents, O had been adopted by W's second husband, H2, in order for O to be covered by H2's medical and dental insurance coverage at work? Assume 1. H2 had 2 children from a prior marriage, S1 and S2, and 2. W died intestate, survived by O, H2, S1 and S2. Discuss the likely distribution of W's estate. What if H2 hadn't adopted O? (Under UPC)

H2 inherits the first $150,000, and H2 and O share the excess. Would probably differ in CA...

April Jones died on May 1, 1990, while domiciled in California. She was survived by her husband, John Jones, and by her parents, Bob and Mary Wilson. At the time of her death, she owned both separate and community property. If April died without a valid will, to whom should her estate be distributed?

Her one-half of the community property and one-half of the separate property to her husband, John; the remainder to be divided between her parents, equally. John receives all of April's community property and one-half of her separate property. The remainder is allotted to her parents equally.

Suppose that, in Question 1, Ron had been survived by his wife, Amy, and only one child, Jim. To whom should Ron's community and separate property be distributed?

His one-half of the community property and one-half of his separate property to his wife, Amy; the remainder to Jim. Cal. Prob. Code § 6401(a) gives the one-half of community property owned by Ron to his surviving spouse. Cal. Prob. Code § 6401(c)(2)(A) gives one-half of his separate property to the surviving spouse where Ron is survived by only one child. Cal. Prob. Code § 6402(a) gives the remainder to Jim.

Ron Johnson died on April 1, 1990, while domiciled in California. He was survived by his wife, Amy, and by two children, Jim and Kim. At the time of his death, he owned both separate and community property. If Ron died without a valid will, to whom should his estate be distributed?

His one-half of the community property and one-third of his separate property to his wife, Amy; the remainder to be divided between Jim and Kim, equally. Cal. Prob. Code § 6401(a) gives the one-half of community property owned by Ron to his surviving spouse, Amy. Cal. Prob. Code § 6401(c)(3)(A) gives one-third of his separate property to his spouse, Amy, because Ron was survived by more than one child. Cal. Prob. Code § 6402 (a) gives the remainder of the estate to the issue of the decedent equally since they are related in the same degree to Ron. Please note that "one-half of his community property" is much different than "his one-half of community property."

O died recently. O not married. O didn't have children. O survived by M & D (Parents) and S1 and S2, two other children born to M & D. O had two other siblings, S3, D's child from prior marriage, and S4, who is M's child from a prior marriage. O executed a will that leaves all of O's property to F, a friend. O hadn't had contact with the members of O's family for years due to the families disapproval of O's relationship with F. F filed the will for probate. Who'll have standing to contest the will?

M & D The parties with standing to contest the probate of a will include the decedent's heirs at law. M & D were O's parents and O's only heirs at law absent extraordinary circumstances. Under UPC §2-114(a) a parent is barred from inheriting from or through a deceased child if his or her parental rights were terminated (and not judicially reestablished) or if "the child died before reaching (18) years of age and there is clear and convincing evidence that immediately before the child's death the parental rights of the parent could've been terminated...on the basis of nonsupport, abandonment, abuse, neglect or inactions of the parent toward the child." Cal probate equivalent: §6452 • Even if there hasn't been an adoption but the parental rights were terminated, the parent can't inherit • If parent didn't acknowledge child - can't inherit (term of art? No it's informal standard - parent has to act/admit that the child belongs to them - don't have to be biologically related) • Abandonment: If parent left the kid when he/she was a minor - can't inherit (objective elements: parent left, without providing support, no comm, for 7 consecutive yrs of minority, with intent of parent to abandon the child - rebuttable presumption)

Al and Joan had been married for about ten years but had no children. In November, 1988, Al found out that Joan had been having sexual relations with Ted. He divorced Joan and the decree became final in May, 1989. In April, 1989, Joan discovered that she was pregnant. Her daughter, Kelley, was born in November, 1989. Al refused to acknowledge Kelley as his daughter and refused to support her. When Al died intestate on July 1, 1990, Kelley filed a claim to inherit the estate as Al's child. Al's parents contested the claim. Is Kelley entitled to inherit Al's estate?

Maybe - rebuttable presumption under Cal. Fam. Code §7611(a) Although Cal. Fam. Code § 7611(a) provides that a child born within 300 days of the termination of a marriage by decree of dissolution is presumed to be the child of the husband, that presumption is rebuttable. Al's parents might, for instance, prove by blood tests that Kelley could not have been Al's child.

Sam and Erika lived together in 1986. Shortly after Sam moved out, Erika found out that she was pregnant. Her son, Sam, Jr., was born in 1987. Sam openly told all of his friends that Sam, Jr. was his child but did not contribute to his support. Erika never filed suit to establish paternity since she was independently wealthy. In 1989, Erika's father died and left Sam, Jr., $100,000. In 1990, Sam, Jr., died intestate at the age of 3. Is Sam entitled to inherit as one of Sam, Jr.'s parents?

No because Sam did not acknowledge AND contribute to the child's support for care. §6452(c)

Emily, an unmarried woman, gave birth to a son, Sean. Realizing that she could not provide for Sean, she placed him with an adoption agency. He was adopted by Mel and Alice Webb who already had another child, Tom. When Alice died intestate in 1990, Sean inherited part of her estate. Shortly thereafter, Emily died intestate survived only by Sean and by her mother. Is Sean entitled to inherit Emily's estate?

No. Under Cal. Prob. Code §6451(a), when a child is adopted, the relationship of parent and child no longer exists b/t the natural parent and child unless the parent and child lived together as parent and child and the adopting parent was the spouse of the natural parent.

While Ron was in the process of robbing a liquor store with a gun, he saw a customer come out from behind a grocery rack. He fired his gun once, killing the customer. Much to his horror, the customer turned out to be his father. Ron was tried and convicted of murder and armed robbery. Ron's father died intestate leaving as his survivors two sons, Ron and Rick. Is Ron entitled to inherit part of his father's estate?

No. Under §250, a person who feloniously and intentionally kills the decedent isn't entitled to inherit any part of the estate. A conviction is conclusive as to whether or not Ron feloniously and intentionally killed his father.

Suppose that, in Question 10, Rob's estate had also included 200 shares of stock which Rob and his predeceased wife, Lucy, had owned as joint tenants with right of survivorship. If Rob was survived only by his father, Ed, and by Lucy's mother, should the stock be distributed to Lucy's mother? Remember that Lucy died in 1982.

No. That portion of the estate which is attributable to the estate of a predeceased spouse under Cal.Prob.Code § 6402.5 includes personal property only if inherited within 5 years of the death of the decedent. Since Lucy died 8 years prior to Rob, the stock would not be included and would pass to Ed.

O died recently. O not married and didn't have any children or siblings. O was survived by O's divorced parents, H & W. H is currently married to W2 and W is currently married to H2. Parents of H, W, W2, and H2, as well as siblings of H, W, W2 and H2, plus a number of descendants of those siblings survived O. O had maintained a close relationship with O's parents and their spouses and extended families, but O executed a will prior to O's death which leaves all of O's property to F, a friend. F has filed the will for probate. Which members of O's extended family have standing to contest the will? How'd your answer differ if falling the divorce of O's parents, O had been adopted by W's second husband, H2, in order for O to be covered by H2's medical and dental insurance coverage at work? Assume H died intestate after O was adopted by H2 but before O died. Who is H's heirs?

O. Notwithstanding (i) the divorce of H & W and (ii) O's adoption by W's second husband, H2, O is still considered to be a child of H for intestacy purposes. UPC 2-118, 2-119

Rob died on July 1, 1990. His only assets were a bank account with a balance of $5000 from Rob's earnings and a house. The house had been purchased by Rob and his wife, Lucy, in 1980. When Lucy died intestate in 1982, Rob inherited her share of the house. Rob was survived by his father, Ed. Lucy's mother is still alive. If Rob died without a valid will, to whom should his estate be distributed?

One-half interest in the house to Lucy's mother and one-half interest in the house and all of the bank account to Ed. Since Rob was not survived by spouse or children, and since Lucy had died within 15 years preceding Rob's death, any real property which Rob inherited from Lucy goes to Lucy's mother. Here, that was Lucy's one half interest in the house. Cal. Prob. Code § 6402.5(a)(2).

Sam Watson died on May 1, 1990, while domiciled in California. He was survived by one child, Amy, and by two grandchildren who are the issue of Sam's predeceased son, Sam, Jr. If Sam died without a valid will, to whom should his estate be distributed?

One-half of Sam's estate should be distributed to Amy and the other one-half should be divided between the grandchildren equally. Since Sam was survived by one child and the issue of a predeceased child, the grandchildren take "by representation." They take the share that Sam, Jr. would have taken, i.e., one-half. The other one-half should be distributed to Amy. Cal. Prob. Code § 6402(a).

Tim died on July 1, 1985, never having been married. Both of his parents predeceased Tim. He was survived by a brother, Ron, and by a nephew, Bob, the child of a predeceased sister of Tim. He was also survived by an uncle, Al. If Tim died without a valid will, to whom should his estate be distributed?

One-half to Ron and one-half to Bob. §6402(c) provides that if the decedent isn't survived by spouse, issue or parents, the estate is inherited by issue of parents. If they are of the same degree of kinship, they take equally; otherwise, they take by representation.

In the preceding question, assume that Sam was survived by two grandchildren who are the children of his predeceased son, Sam, Jr., and one grandchild who is the child of his predeceased daughter, Amy. If Sam died without a valid will, to whom should his estate be distributed.

One-third each to the children of Sam, Jr. and the child of Amy. (DON'T assume that this is per stirpes ~ CA has per capita by generation system) Since all of the issue of Sam are grandchildren, Cal. Prob. Code § 6402(a) provides that they will take equally. In system of per stirpes, one half would go to Amy's child and 1/4 would go to each of Sam Jr.'s children.

_____ ______: estate divided into equal shares, with one share allocated to each living child of the decedent and one to each predeceased child who has descendants living at the decedent's death. Each predeceased child's share is then redivided among that predeceased child's descendants in the same manner until the entire share has been allocated to living takers.

Per stirpes.

"Taking by _____" means that when a person of one degree of kinship to a decedent predeceases the decedent, the descendants of the predeceased heir in the next degree of kinship to the decedent equally share the gift that would've been given to the predeceased heir.

Representation - this would be per capita with representation

O died recently. O's divorced parents, H and W, did not survive O. O was survived by one sibling, S1, who was also born to H and W. O was also survived by two other siblings: S2, who is H's child from a prior marriage, and S3, who is W's child from a subsequent marriage. W's second husband, H2, had a child from a prior marriage, S4. O was raised in the home of W and H2 with S1 and S4. Identify O's heirs.

S1, S2, and S3. (not S4 because that's not O's parent's child) O's siblings, who are either born to or adopted by, either H or W, are O's heirs at law and will share equally in the estate. 2-103: (a)(3) if there is no surviving descendant or parent, to the descendants of the descendent's parents or either of them by representation. , 2-107

7. S1 and S2 were married for 20+ years (separate property jx). S2 recently died with a valid will that has been admitted to probate. S2's will leaves all of S2's property to S2's child by a prior marriage. At the time of S2's death, S1 had a pension plan provided by S1's employer. S1's employer also provided each employee with a group life insurance policy as part of its employee benefit package. Employer's records indicate that S1 had not signed the appropriate forms necessary to designate the beneficiaries of the plan and policy in the event of S1's death. What is the likely effect S2's death will have on S1's pension plan?

Since the couple resided in a non-community property state, S2's death does not affect S1's pension plan. If they resided in a community property state, it's likely that S2 had acquired a community property interest in S1's pension plan. However, the U.S. Supreme Court in Boggs, pulled that ERISA preempts state law and prohibits S2 from devising S2's interest in the plan to S2's heirs and/or devisees.

O died intestate recently. O had two children born of O's only marriage, which ended in divorce years ago. The children were C1 and C2. C1 died one month before O, and C2 died one month after O. Both children's valid will left their estates to their respective spouses. There were no grandchildren. Prior to O's death, C1 assigned C1's "interest in O's estate" to an unrelated third party. What is proper disposition of O's estate?

The assignment has no legal effect on the distribution of O's estate because at the time of the assignment, C1 didn't have a property interest in O's probate estate that C1 could transfer; C1 had an expectancy, not a property interest. O still owned fee simply title. C1 didn't own a property interest that could be given or sold to the assignee. Had C1 survived O by more than 120 hours, the assignee may have been able to enforce the assignment against C1 and C1's estate, if the assignment had been supported by fair consideration.

Assume that, as in Question 10, Rob died on July 1, 1990. His only assets were a bank account with a balance of $5000 and the house which he and Lucy had owned and that he had inherited Lucy's interest when she died in 1982. Rob remarried in 1986. He was survived by his wife, JoAnn, and by his father, Ed. Lucy's mother is living. If Rob died without a valid will, to whom should his estate be distributed?

The bank account and one-half interest in the house to JoAnn; the other one-half interest in the house to Ed. Assuming that the bank account was community property, it passes to the surviving spouse, JoAnn. Although the house was probably separate property (acquired before marriage to JoAnn), one-half interest would pass to JoAnn since Rob was survived by his father. Cal. Prob. Code § 6401(c)(2)(B). The other one-half interest would pass to Ed. Cal. Prob. Code § 6402(b). Lucy's mother inherits nothing under § 6402.5(a) since Rob was survived by a spouse.

Emily, an unmarried woman, gave birth to a son, Sean. Realizing that she could not provide for Sean, she placed him with an adoption agency. He was adopted by Mel and Alice Webb who already had another child, Tom. On July 1, 1990, Alice Webb died intestate leaving an estate consisting of separate and community property. If Alice died without a valid will, to whom should her estate be distributed?

The community property and one-third of the separate property should be distributed to Mel; the remainder should be distributed to Tom and Sean. Under Cal. Prob. Code § 6450(b), Sean is entitled to inherit since he was adopted by Alice. Since Alice died leaving two children, Mel gets the community property and one-third of the separate property. The remaining two-thirds of the separate property goes to Tom and Sean. Cal. Prob. Code §§ 6401(c)(3)(A) and 6402(a).

O died intestate recently. O had two children born of O's only marriage, which ended in divorce years ago. The children were C1 and C2. C1 died one month before O, and C2 died one month after O. Both children's valid will left their estates to their respective spouses. There were no grandchildren. What if a creditor of C1 had a judgment lien against C1 at the time of C1's death? What if C1 would've survived O by one week before C1 died.

The creditor can attach the one-half interest that would be distributed to C1's spouse. Because C1 survived O by 120 hours, the lien can attach to C1's interest in O's probate estate that passed to S1 when C1 died.

O died recently. O's closest living relatives at the time of O's death were A, the first cousin of O's mother, and B, a child of a great uncle of O's father. What best describes the identify of O's heirs at law?

The estate escheats because these relatives are too remote to O. UPC 2-103, 2-104, 2-106

Harold died in 1987 survived by his wife, Joan, and his son, Tim. In 1989, Joan married Walter who adopted Tim. In 1990, Harold's mother died intestate survived by one son, Ed, and by her grandson, Tim. How should Harold's mother's estate be distributed?

The estate should be divided between Ed and Tim. Since Harold and Tim lived together as parent and child b4 Harold's death and the adoption was by the spouse of Joan, the other natural parent, the relationship of parent and child between Harold and Tim was not extinguished. (Cal. Prob. Code §6451(a))

Ed Green died on May 1, 1990, while domiciled in California. He was survived by his wife, Mary, and by one child, Junior. Ed and Mary owned their home in Los Angeles which had been purchased with their earnings, some stock held in Ed's name which had been purchased with his earnings while Ed and Mary were domiciled in Iowa, and some bonds held in Ed's name which had been given to him by his father. The property held by Ed's estate should be classified as follows:

The home is community property, the stock is quasi-community property and the bonds are separate property. The home was purchased with earnings while Ed and Mary were domiciled in California and is community property. The stock was purchased with earnings but while Ed and Mary were domiciled in Iowa. It would have been community property had they been domiciled in California at the time of purchase and is thus quasi-community property. The bonds were a gift to Ed and are thus separate property.

O died intestate recently. O had two children born of O's only marriage, which ended in divorce years ago. The children were C1 and C2. C1 died one month before O, and C2 died one month after O. Both children's valid will left their estates to their respective spouses. There were no grandchildren. What if a creditor of C1 had a judgment lien against C1 at the time of C1's death? What if C1 wouldn't have died until one day after O?

The lien cannot attach to any part of O's estate. Because C1 didn't survive O by 120 hours, C1 isn't an heir. Thus no part of O's probate estate is reachable by C1's creditor.

O died intestate recently. O had two children born of O's only marriage, which ended in divorce years ago. The children were C1 and C2. C1 died one month before O, and C2 died one month after O. Both children's valid will left their estates to their respective spouses. There were no grandchildren. What if a creditor of C1 had a judgment lien against C1 at the time of C1's death?

The lien wouldn't be able to attach to any part of O's estate because C1 didn't have an interest in the one half of the estate given that C1 predeceased O, therefore C1 isn't an heir and no part of O's probate estate is reachable by C1's creditor.

Ed died on July 1, 1990. He was survived by no known next of kin. Ed had been married to Cecile who predeceased Ed in 1985 survived by her mother and a sister. Cecile's mother and sister are still living. Neither Ed nor Cecile ever had children. If Ed died without a valid will, to whom should his estate be distributed?

To Cecile's mother. Cal. Prob. Code § 6402(g) provides that, if the decedent is not survived by any kindred, but is survived by the parent of a predeceased spouse, the parent takes. If there is no surviving parent but there are issue of such parent, the issue take.

Jim was driving his car at 50 mph in a 30 mph zone. A pedestrian stepped into a crosswalk but Jim was unable to stop in time. He hit and killed the pedestrian who, as it turned out, was Jim's mother. Jim was tried and convicted of negligent homicide. Jim's mother died intestate and was survived by Jim, Jim's daughter, Sue, and Jim's brother, Hal. To whom should Jim's mother's estate be distributed?

To Jim and Hal equally. Jim killed mother "negligently" not "intentionally."

Sheila died on July 15, 1990. She had never been married. She was an only child and both her parents predeceased her. Her grandparents and all of their issue also predeceased her. After an extensive search, the only kindred who could be found were a second cousin (related in the 6th degree) and a first cousin twice removed (related in the 6th degree). The second cousin is a descendant of Sheila's great-grandparents and the first cousin twice removed is a descendant of Sheila's great-great grandparents. If Sheila died without a valid will, to whom should her estate be distributed?

To Sheila's second cousin. Since Sheila had never been married and was not survived by parents or grandparents or their issue, the property is inherited by next of kin. Cal. Prob. Code § 6402(f) provides that kindred of equal degree take equally EXCEPT that those taking through the closest common ancestor take to the exclusion of those taking through a more remote ancestor. Incidentally, these are called "laughing heirs" since they usually have had little relationship with the person whose estate they inherit.

Alex married Brenda and they had one child, Amy. Alex died and Brenda married Rolf. They had two children, Tim and Tom. Brenda and Rolf are both deceased. Tom died leaving no spouse, no issue and no parents. If Tom died without a valid will, to whom should his estate be distributed?

To Tim and Amy equally. Cal. Prob. Code §6406 provides that relatives of the half-blood take the same share that they'd take if they were of the whole blood.

Bob was divorced and had three children by his marriage. In 1987, he met Barbara and they spent a month in Hawaii. They returned to California and began living together. Several months later, Barbara was pregnant and gave birth to Tammy in 1988. Bob and Barbara continued to live together but never married or attempted to marry. Bob repeatedly referred to Tammy as his daughter until he and Barbara separated in January, 1990. Thereafter, he denied that he was Tammy's father and did not support her. Bob died on July 1, 1990, and was survived by the children from the prior marriage and by his father. If Bob died without a valid will, to whom should his estate be distributed?

To his three children from the prior marriage and Tammy in four equal shares. Since Bob received Tammy into his home and openly held her out to be his natural child, Tammy must be included among his heirs. (§6453(b)(2))

W, a married woman, conceives a child C by artificial insemination, using the sperm of her husband H. W and H are recognized as C's parents under UPC § 2-120(c) and (d) W, a married woman, conceives a child C by artificial insemination, using the sperm of an anonymous donor D, with the written consent of her (presumably infertile) husband H. _ and _ are recognized as C's parents under UPC § 2-120(c) and (f). W, an unmarried woman, gives birth to a child C, who was conceived in vitro, using an egg donated by W's sister S and sperm donated by W's friend F. F is identified as C's father on the birth certificate. _ and _ are recognized as C's parents under UPC § 2-120(c) and (e). W, an unmarried woman, conceives a child C by artificial insemination, using sperm donated by an anonymous donor D, with the consent of W's same-sex domestic partner P who functions as C's parent from the time of C's birth. _ and _ are treated as C's parents under UPC § 2-120(c) and (f).

W and H W & F W & P

O died recently. O not married and didn't have any children or siblings. O was survived by O's divorced parents, H & W. H is currently married to W2 and W is currently married to H2. Parents of H, W, W2, and H2, as well as siblings of H, W, W2 and H2, plus a number of descendants of those siblings survived O. O had maintained a close relationship with O's parents and their spouses and extended families, but O executed a will prior to O's death which leaves all of O's property to F, a friend. F has filed the will for probate. Which members of O's extended family have standing to contest the will? How'd your answer differ if falling the divorce of O's parents, O had been adopted by W's second husband, H2, in order for O to be covered by H2's medical and dental insurance coverage at work?

W and H2 would have standing. W & H2 are the heirs. H wouldn't have a right to inherit from O, if O died intestate. H wouldn't have standing to contest the probate of the will. UPC 2-118(a) a parent-child relationship exists between an adoptee and an adoptee's genetic parents. § 6451. Effect of adoption (a) An adoption severs the relationship of parent and child between an adopted person and a natural parent of the adopted person unless: (1) The natural parent and the adopted person lived together at any time as parent and child, or the natural parent was married to or cohabiting with the other natural parent at the time the person was conceived and died before the person's birth. AND (2) The adoption was by the spouse of either of the natural parents or after the death of either of the natural parents. (b) Neither a natural parent nor a relative of a natural parent, except for a wholeblood brother or sister of the adopted person or the issue of that brother or sister, inherits from or through the adopted person on the basis of a parent and child relationship between the adopted person and the natural parent that satisfies the requirements of paragraphs (1) and (2) of subdivision (a), unless the adoption is by the spouse or surviving spouse of that parent. (c) For the purpose of this section, a prior adoptive parent and child relationship is treated as a natural parent and child relationship. 2-119

In the context of Estate of Bray: ______ _____: H gives W the choice of accepting the terms of his will and be entitled to all CP and SP in trust for life and remainder to son OR elect against the will, not receive any separate property but get 1/2 community property

Widow's election

If witnesses to a will don't know the document they signed is T's will at the time they signed the will, can it be validly submitted to probate under the UPC?

Yes, UPC 2-502 doesn't require T "publish" the document as a will. Accordingly, it isn't necessary that the witnesses are aware the doc they're signing is a will if you can prove witnesses signed after they observed T sign or after T acknowledged T's signature.

Is it possible that the property of a decedent may pass by intestate succession to the decedent's heirs even though the decedent had a validly executed, unprovoked will at the time of death?

Yes, the devisees named in the will may elect not to have the will admitted to probate. The will may not effectively devise the entire probate estate. The devisees could disclaim their interests in the estate. Even if admitted to probate, the devisees may not have survived the testator by the required period of survivorship. In addition, a will can still be a valid testamentary instrument even if it doesn't contain directions concerning the distribution of the estate.

Norman met Jean at a friend's party. Discovering that they were both leaving for Europe the following week, they made plans to meet in Rome. While in Rome, they stayed together at a luxury hotel. When Jean returned from Europe, she discovered that she was pregnant. When she called Norman, he told her that he was not the father and that he never wanted to see her again. After her baby was born, Jean filed a paternity suit against Norman in Los Angeles. Based upon Jean's testimony and blood tests of Norman, the court entered a judgment of paternity. Although Norman continued to insist that he was not the father of Jean's child, he obeyed the court order until his death. When Norman died intestate in July, 1990, Jean filed a claim on behalf of her child as Norman's heir. Norman's parents contested the claim. Is the child entitled to inherit Norman's estate?

Yes, under §6453(b)(1), so long as the paternity of the father was established during his lifetime, a parent and child relationship exists for the purposes of inheritance.

UPC 2-502(a)(3)(A) doesn't require the witnesses observe T signing the will. If it can be established that the witnesses signed the will within a reasonable time after they observed T ________ T's signature or the will itself, will can be admitted to probate

acknowledging

______ ______: in general, includes the decedent's net probate asset as well as specified types of property transferred by the decedent outside the will. Four components: 1. Decedent's ______ _____ estate: decedent's probate estate, net of statutory allowances, funeral and admin expenses, and claims; 2. Decedent's _______ transfers to others: i.e. property held in pay-on-death form, life insurance proceeds, and other wills substitutes. Also includes lifetime gifts made within 2 years of death if gifts exceed a specified amount. 3. Decedent's __________ transfers to surviving spouse; and 4. Surviving spouse's property and _________ transfers to others: property owned by spouse at decedent's death, property that passed to the spouse by reason of the decedent's death and property that would've been included int he spouse's augmented estate as "non probate transfers to others" if the spouse had failed to survive decedent. -> included bc 1. surviving spouse will be protected when she has sufficient assets of her own and 2. ______ ______ rationale (poorer spouse should be entitled to some of the richer spouse's property).

augmented estate net probate non probate non probate non probate

Family code § 770. Separate property of married person. (a) Separate property of a married person includes all of the following: (1) All property owned by the person _______ marriage. (2) All property acquired by the person after marriage by _____, ______, ________, or _______. (3) The rents, issues, and profits of the property described in this section. (b) A married person may, without the consent of the person's spouse, _______ the person's separate property.

before gift, bequest, devise, or descent convey

§ 254. Determination whether killing was felonious and intentional (a) A final judgment of conviction of felonious and intentional killing is _________ for purposes of this part. (b) In the absence of a final judgment of conviction of felonious and intentional killing, the court may determine by a _________ of evidence whether the killing was felonious and intentional for purposes of this part. The _________ ____ ________ is on the party seeking to establish that the killing was felonious and intentional for the purposes of this part.

conclusive preponderance burden of proof

Under §6409, an advancement requires there be a ________ writing by the decedent declaring it to be an advancement or a writing by the ______ declaring it to be an advancement.

contemporaneous heir

§ 143. Waiver enforceable as of right. • (a) Subject to Section 142, a waiver IS enforceable under this section UNLESS the SS proves either of the following: • (1) _________: A fair and reasonable disclosure of the property OR financial obligations of the decedent was NOT provided to the SS prior to the signing of the waiver UNLESS the SS waived such a fair and reasonable disclosure after advice by independent legal counsel. • (2) ____________ __________: The SS was NOT represented by independent legal counsel at the time of signing the waiver. • NOTE: cannot have one lawyer representing both parties. • (b) Subdivision (b) of Section 721 of the Family Code [imposing fiduciary duties on spouses in transactions b/t themselves] does NOT apply if the waiver is enforceable under this section. § 144. Waiver enforceable in DISCRETION of court. • (a) Except as provided in subdivision (b), subject to Section 142, a wavier is enforceable under this section IF the court determines either of the following: • (1) The waiver at the time of signing made a fair and reasonable disposition of the rights of the SS. o NOTE: does not turn on compliance with 721(b) of Family Code. • (2) SS had, or reasonably should have had, an _______ ________ of o the property AND financial obligations of the decedent AND o the decedent did NOT violate the duty imposed by subdivision (b) of Section 721 of the Family Code. • (b) If, after considering all relevant facts and circumstances, the court finds that enforcement of the wavier pursuant to subdivision (a) would be _______ under the circumstances existing at the time enforcement is sought, the court MAY refuse to enforce the waiver, enforce the remainder of the waiver w/o the unconscionable provisions, OR limit the application of the unconscionable provisions to avoid an unconscionable result. • (c) Except as provided in paragraph (2) of subdivision (a), subdivision (b) of Section 721 of the Family Code does NOT apply if the waiver is enforceable under this section. § 147. Validity of waivers and agreements under prior law; Validity or effect of premarital property agreements; Revocation of consent or election to dispose of property under will of other spouse. • (c) Nothing in this chapter affects the validity or effect of ANY premarital property agreement, whether made prior to, on, or after January 1, 1985, insofar as the premarital property agreement affects the rights listed in subdivision (a) of Section 141, and the validity an defect of such premarital property agreement SHALL be determined by the law otherwise applicable to the premarital property agreement. Nothing in this subdivision limits the enforceability under this chapter of a waiver made under this chapter by a person intending to marry that is otherwise enforceable under this chapter.

deception inadequate representation adequate knowledge unconscionable

When an ____ is made on behalf of an incapacitated spouse, the UPC requires that any portion of the elective share recovered from the decedent's probate estate or from non probate beneficiaries "must be placed in a custodial trust for the benefit of the surviving spouse." The _____ trust provides discretionary distributions during the surviving spouse's life to the spouse and his or her dependents; at the spouse's _____, the trust property reverts to the first spouse's residuary devisees or heirs [UPC 2-212(b)]

election custodial death

§ 21620. Share of omitted child born or adopted after execution of testamentary instruments Except as provided in Section 21621, if a decedent fails to provide in a testamentary instrument for a child of decedent born or adopted after the execution of all of the decedent's testamentary instruments, the omitted child shall receive a share in the decedent's estate _______ in value to that which the child would have received if the decedent had died without having executed any testamentary instrument. § 21621. Circumstances for denial of share A child shall not receive a share of the estate under Section 21620 if any of the following is established: (a) The decedent's failure to provide for the child in the decedent's testamentary instruments was _______ and that intention appears from the testamentary instruments. (b) The decedent had one or more children and devised or otherwise directed the disposition of substantially all the estate to the other ______ of the omitted child. (c) The decedent provided for the child by transfer _________ of the estate passing by the decedent's testamentary instruments and the intention that the transfer be in lieu of a provision in said instruments is show [sic] by statements of the decedent or from the amount of the transfer or by other evidence. § 21622. Decedent's erroneous belief If, at the time of the execution of all of decedent's testamentary instruments effective at the time of decedent's death, the decedent failed to provide for a living child solely because the decedent believed the child to be _______ or was ________ of the birth of the child, the child shall receive a share in the estate equal in value to that which the child would have received if the decedent had died without having executed any testamentary instruments.

equal intentional parent outside dead or unaware

D dies intestate, survived by a spouse and by various relatives. (All heirs survive D by at least 120 hours.) Determine the intestate shares in D's separate property of the spouse and other relatives under §§ 6401-6402, assuming that the other surviving relatives are as follows: e. One parent, one daughter, and two grandchildren (children of a deceased son).

i. Surviving Spouse: 1/3 of the intestate separate property estate b/c decedent left one child and the issue of one or more deceased children. § 6401(c)(3)(B). ii. One Parent: nothing b/c the decedent left issue. iii. One Daughter: ½ of the remaining 2/3 of the intestate separate property estate since there is one other son with remaining issue. § 6402(a). In other words, 1/3. iv. Two Grandchildren (children of a deceased son): Each grandchild will split the remaining 1/3 equally. § 6402(a), § 240. In other words, each grandchild will get 1/6.

D dies intestate, survived by a spouse and by various relatives. (All heirs survive D by at least 120 hours.) Determine the intestate shares in D's separate property of the spouse and other relatives under §§ 6401-6402, assuming that the other surviving relatives are as follows: d. One niece (the child of a deceased sister) and two nephews (children of a deceased brother);

i. Surviving Spouse: ½ of the intestate separate property estate b/c decedent left issue of a parent. § 6401(c)(2)(B). ii. One Niece (the child of a deceased sister): 1/3 of the remaining ½ intestate separate property estate. § 6402(c). In other words, 1/6. iii. Two Nephews (children of a deceased brother): 1/3 of the remaining ½ intestate separate property estate each. § 6402(c). In other words, 1/6 each.

D dies intestate, survived by a spouse and by various relatives. (All heirs survive D by at least 120 hours.) Determine the intestate shares in D's separate property of the spouse and other relatives under §§ 6401-6402, assuming that the other surviving relatives are as follows: c. Two siblings;

i. Surviving Spouse: ½ of the intestate separate property estate b/c decedent left issue of a parent. § 6401(c)(2)(B). ii. Two Siblings: ½ of the remaining ½ intestate separate property estate. § 6402(c). In other words, ¼ to each sibling.

D dies intestate, survived by a spouse and by various relatives. (All heirs survive D by at least 120 hours.) Determine the intestate shares in D's separate property of the spouse and other relatives under §§ 6401-6402, assuming that the other surviving relatives are as follows: b. One parent and two siblings;

i. Surviving spouse: ½ of the intestate separate property estate b/c decedent left issue of a parent. § 6401(c)(2)(B). ii. One Parent: the remaining ½ of the intestate separate property estate. § 6402(b). iii. Two Siblings: nothing b/c there is a parent of decedent.

D dies intestate, survived by a spouse and by various relatives. (All heirs survive D by at least 120 hours.) Determine the intestate shares in D's separate property of the spouse and other relatives under §§ 6401-6402, assuming that the other surviving relatives are as follows: a. One parent and one child;

i. Surviving spouse: ½ of the intestate separate property estate b/c decedent left only one child. § 6401(c)(2)(A). ii. One Parent: nothing b/c there is issue of the decedent. iii. One Child: the remaining ½ of the intestate separate property estate. § 6402(a).

A parent doesn't inherit from the child on the basis of the parent & child relationship if ANY of the following apply: 1. The paren't parental rights were terminated and the parent-child relationship was not _______ reestablished. 2. The parent did not acknowledge the child. 3. The parent left the child during the child's minority without any effect to provide for the child's support or without communication from the parent, for at least __ consecutive years that continued until the end of the child's minority; with the intent on the part of the parent to abandon the child. Failure to provide support or to communicate for the prescribed period is presumptive evidence of an intent to abandon. Cal. Prob. Code §6452

judicially 7

Issue in California = a person's _____ descendants of all generations, with the relationship of parent and child at each generation being determined by the definitions of child and parent. (Cal Probate Code §__)

lineal 50

§ 6454. Foster parent or stepparent For the purpose of determining intestate succession by a person or the person's issue from or through a foster parent or stepparent, the relationship of parent and child exists between that person and the person's foster parent or stepparent if both of the following requirements are satisfied: (a) The relationship began during the person's ______ and continued throughout the joint lifetimes of the person and the person's foster parent or stepparent. (b) It is established by clear and convincing evidence that the foster parent or stepparent would have adopted the person but for a ______ _____.

minority legal barrier

In the old UPC, life insurance is i included in the augmented estate only to the extent that proceeds are _____ to the surviving spouse. Under the old UPC, the amount of the elective share is equal to a third of the augmented estate.

payable

§254 Determining intentional and felonious killing - final judgment or ________ of _______ (burden of proof on interested party - same as UPC)

preponderance of evidence

UPC §2-502(a)(3)(A) doesn't require that the witnesses sign the will in the _______ of the testator. Assuming the other requirements of UPC §502 can be proven by F, the will can be admitted to probate. See UPC §3-407.

presence

UPC 2-502(a)(2) authorizes what's commonly called a "______ ____." If T's name is signed by another in T's conscious presence and at the T's direction, the will can be admitted to probate.

proxy signature

Relaxed disclosure reqt re: antenuptial agreements. Hook v. Hook, p.145: an explanation of the agreement's effect consisting of " 'Never mind, just sign it. It means what is mine is mine and what is yours is yours,' " coupled with a cursory description of the husband's assets (i.e. "excess of 60K"), was ________ disclosure to make enforceable an antenuptial agreement which totally severed the widow's claims to the decedent's estate. • Presumed Knowledge. since W signed contract she was presumed to know its content and was therefore bound by it, in spite of her protests that she had not read it and consequently did not know what its effect would be, i.e. the ________ share consequences.

sufficient elective

§ 21623. Manner of satisfying share of omitted child (a) Except as provided in subdivision (b), in satisfying a share provided by this chapter: (1) The share will first be taken from the decedent's estate not disposed of by ____ or _____, if any. (2) If that is not sufficient, so much as may be necessary to satisfy the share shall be taken from all _______ of decedent's testamentary instruments in proportion to the value they may respectively receive. The proportion of each beneficiary's share that may be taken pursuant to this subdivision shall be determined based on values as of the date of the decedent's death. (b) If the obvious _______ of the decedent in relation to some specific gift or devise or other provision of a testamentary instrument would be defeated by the application of subdivision (a), the _______ devise or gift or provision of a testamentary instrument may be exempted from the apportionment under subdivision (a), and a different apportionment, consistent with the intention of the decedent, may be adopted.

will or trust beneficiaries intention specific

§ 140. "Waiver" defined. As used in this chapter, "waiver" means a waiver by SS of any of the rights listed in subdivision (a) of § 141, whether singed BEFORE OR DURING marriage. § 142. Reqt of writing and signature; Enforceability; Defenses • (a) A waiver under this chapter SHALL BE in _____ and SHALL be ______ by SS. • (b) Subject to subdivision (c), a waiver under this chapter is enforceable ONLY IF it satisfies the reqts of subdivision (a) AND is enforceable under either Section 143 or Section 144. • (c) Enforcement of the waiver against the SS is subject to the same ______ as enforcement of a contract, EXCEPT THAT: • (1) Lack of ______ is NOT a defense to enforcement of the waiver. • (2) A _____ intending to marry MAY make a waiver under this chapter as if married, BUT the waiver becomes effective ONLY upon the marriage.

writing and signed defenses consideration minor

UPC. § 2-213. Waiver of Right to Elect and of Other Rights. • (a) The right of election of a SS and the rights of the SS to homestead allowance, exempt property, and family allowance, or any of them, MAY BE WAIVED, wholly or partially, BEFORE OR AFTER marriage, by a ______ contract, agreement, or waiver signed by SS. • (b) A SS's waiver is NOT enforceable if SS proves that: • (1) she did NOT execute the waiver __________ • (2) the waiver was unconscionable when it was executed and, before execution of the waiver, he/she: o (i) was not provided with a FAIR AND REASONABLE DISCLOSURE of the property OR _______ obligations of the decedent; o (ii) did NOT ________ AND _______ waive, in writing, any right to disclosure of the property or financial obligations of the decedent beyond the disclosure provided; AND o (iii) did not have, or reasonably could not have had, an ADEQUATE KNOWLEDGE of the property or financial obligations of the decedent.

written voluntarily financial voluntarily and expressly