CAL Real Estate Law Unit 9
A holographic will requires how many witnesses?
0
A woman died intestate, leaving 1 living son and 2 grandchildren (from another deceased daughter.) How would her property be split?
1/2 to son, 1/4 to each grandchild
A man died intestate leaving a wife and one child. How is the SEPARATE property disposed of?
1/2 to the wife, 1/2 to the child
A will provided that all of an unmarried mans estate would go to his child. His child had died before him and left a spouse and three children. How would this be split?
1/3 to each grandchild - blood only.
Late bids for probate will only be considered if the first 10,000 is what % above?
10%
A formal will must have how many witnesses?
2
Late bids for probate will only be considered if the remainder after $10,000 is what % above?
5%
Eminent domain is a right based on which amendment?
5tth
Inverse Condemnation
An action brought by a property owner when they can no longer use their property due to public action
Dedication
Donation of land for public use, donor recieves no consideration
If one of the implied covenants/warrranties are breached in a grant deed, what happens?
Grantee will be entitled to rescisssion or damages
A valid deed must be executed (signed) by who?
Grantor
A grantor retainec an easement over conveyed land. What is this called?
a reservation
Probate court will appoint a ______
administator
Tacking on
adverse use of a previous user
A codicil providing for transfer of real property is a
amendment to a will
What deed is most commonly used in California?
common deed (grant)
The deed must be what two things by the grantee to be valid?
delivered and accepted
Title transfers with a deed at the time of
delivery
Alex's grandfather willed him a house. This would be called a
devise
A formal will must name an
executor
Which of the following would make a deed voidable? Forgery, alteration, fraud, failure of delivery
fraud
Two covenants that the grantor has not made a prior conveyance of the property to another and that the property if free of encumbrances made by grantor that are not declared are implied in a
grant deed
The Granting Clause means a deed must say what in it to be valid?
grant, transfer or convey
When is an "x" marking/signature valid?
if it was notarized/witnessed
A person dies testate and leaves 3 children from a previous marriage and a present spouse. The separate property would pass
in accordance with the will
In the county recorders deeds, what are they indexed by?
names of the parties
Alice and Jack are married and hold everything as community property. When alice dies intestate, each of the couples children will receive?
none - Jack gets all
If agnes willed her friend Mildred her house, but before dying sold it for stocks and bonds.. what would mildred recieve upon agne's death?
nothing
Eminent Domain
power of the government to take private property for public use
Intestate Succession will require what kind of court?
probate
Quiet Title Action does what
removes a cloud on a title
Loss of value of remaining land caused by a taking under eminent domain is known as
severance damage
What type of deed is received by a purchaser after a sheriffs sale?
sheriffs deed
After a mans dearth, a deed giving his home to a nephew is discovered in the same envelope as his will. The will, dated before the deed, gave the house to his church. Who gets the house?
the church, because the deed was never delivered
The grant deed has two implied covenants/warranties which are:
the grantor has not conveyed the same estate to any other person and they disclosed all emcumbrances.
The most important factor in the delivery of a deed is
the intent of the grantor
A California city wishes to take a private residence by eminent domain and sell it to a national corporation which wishes to build a plant on the site. The city should realize that
this is illegal
Acknowledgement is necessary to
validate. a deed for recording
after a deed was signed, the grantee made a slight unauthorized change. the deed is now
void
Quitclaim deeds have no
warranties
Adverse Possession
when the land of another private person is possessed in an open, notorious and hostile way
A man dies intestate and leaves a spouse and 6 children. The community property interest of the deceased souse spouse goes
wife
If a person dies testate, that means they. died with a
will
