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Estates (Will Execution (two witnesses, testator must sign or acknowledge…
Estates
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Will Contests
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Fraud: misrep as to nature of will contents, or misrep of facts to induce making the will
Revocation
dependent relative revocation-T revokes an old will with the intention that a newly executed will replaces it, if new will is not made or is invalid, some jurisdictions will admit the revoked will to probate, need evidence of T's intent
Bequests
General Legacy: payable out of the general assets of the decedents estate and not in any separated or distinguished fund from other things of the same kind
Specific: gift of a specific article or other property which is identified and distinguished from all other things of the same kinds and is satisfied only by delivery of the particular thing
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Ademption: Applies only to Specific Bequests that are not in the T's estate at the time of death, gift is adeemed and other property is not substituted
codicil
later testamentary instrument that amends or alters the prior will, must be executed in same manner as will
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Intestate Succession: If no will or will is invalid, decedent's property passes under the state's intestate succession statutes
No surviving descendants-spouse takes entire estate, if survivors, spouse takes 1/3 or 1/2 of the estate
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Trusts
Valid?
settlor places title to the trust property and delivers to the trustee by inter vivos transfer or testamentary trsut
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any purpose except illegal, RAP violation
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