Wills
What is the rule statement for a valid formal will?
A valid formal will must be (1) in writing, (2) signed by a testator with capacity, (3) have present testamentary intent, (4) be witnessed by two disinterested witnesses, and (5) the witnesses must sign the will. The witnesses do not have to sign at the same time, and (6) they must understand the document they are signing is a will.
What is the rule statement for a lawyer’s duty to report misconduct
A lawyer who knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer’s honesty, trustworthiness, or fitness as a lawyer, shall inform the appropriate professional authority, unless protected by confidentiality under Rule 1.6.
What is the rule statement for the doctrine of equitable conversion?
Under the doctrine of equitable conversion, once a real estate contract is signed, the buyer is considered the equitable owner of the property, and the seller holds legal title in trust for the buyer. Risk of loss passes to the buyer, unless otherwise agreed.
What is the rule statement for the exclusionary rule?
The exclusionary rule prevents the use of evidence obtained in violation of a defendant’s constitutional rights, such as the Fourth, Fifth, or Sixth Amendments, in the prosecution’s case-in-chief at trial. It is meant to deter police misconduct.
What is the rule statement for a pour-over will?
A pour-over will is a will that transfers the testator’s probate assets into a revocable trust at the time of death. The trust must be:
Identified in the will, and
In existence when the will is executed (or established shortly thereafter).
This allows the trust to receive and manage the assets after death.
What is the rule statement for a valid holographic will?
A valid holographic will must:
Be entirely in the testator’s handwriting
Be signed by the testator, and
Contain evidence of present testamentary intent
Witnesses are not required for a holographic will.
What is the rule statement for forming a partnership with a non-lawyer?
A lawyer shall not form a partnership with a non-lawyer if any of the activities of the partnership consist of the practice of law. This is to prevent interference with the lawyer’s professional judgment and obligations.
What is the rule statement for a bona fide purchaser (BFP)?
A bona fide purchaser is one who purchases property for value and without notice of any prior interest. A BFP is protected under recording statutes, depending on whether the jurisdiction follows notice, race, or race-notice rules.
What is the rule statement for the Fruit of the Poisonous Tree Doctrine?
Under the Fruit of the Poisonous Tree Doctrine, any evidence derived from unconstitutional conduct (e.g., illegal search or seizure) is generally inadmissible. Exceptions include independent source, inevitable discovery, and attenuation.
What are a Trustee's Duties
A trust is deemed charitable when it has a stated charitable purpose and exists for the benefit of the community at large, or a class of persons with continually changing membership.
How can a will be revoked?
A will may be revoked by:
Subsequent writing, such as a later will or codicil
Physical act, such as burning, tearing, or destroying the will with intent to revoke, or
Operation of law, such as divorce or annulment revoking gifts to a former spouse.
What is the rule statement regarding a lawyer's responsibility for non-lawyer assistants?
A lawyer must make reasonable efforts to ensure that the conduct of non-lawyer employees or assistants is compatible with the professional obligations of the lawyer. A lawyer may be vicariously liable for the misconduct of non-lawyer staff under certain circumstances.
What is the rule statement for a fixture?
A fixture is personal property that becomes so attached to real property that it is treated as part of the real property. Courts consider the intent of the party, the method of attachment, the adaptation to the property, and any agreementbetween the parties.
What is the rule statement for custodial interrogation under Miranda?
Under Miranda v. Arizona, statements made during custodial interrogation are inadmissible unless the suspect was first given Miranda warnings and knowingly, voluntarily, and intelligently waived those rights. Custody requires a deprivation of freedom akin to arrest.
What is the rule statement for a constructive trust?
A constructive trust is an equitable remedy imposed by a court to prevent unjust enrichment when property has been wrongfully obtained by fraud, undue influence, breach of fiduciary duty, or mistake. The wrongdoer holds the property in trust for the rightful owner.
What is the rule statement for dependent relative revocation (DRR)?
Dependent Relative Revocation (DRR) is a doctrine that invalidates a revocation if it was based on a mistaken belief of law or fact, and the testator would not have revoked the will but for that mistake. If DRR applies, the court may disregard the revocation and probate the earlier will.
What is the rule statement for a lawyer acting as both advocate and witness at trial?
A lawyer shall not act as advocate at a trial in which the lawyer is likely to be a necessary witness, unless:
The testimony relates to an uncontested issue,
The testimony relates to the nature and value of legal services, or
Disqualification would work substantial hardship on the client.
What is the rule statement for the shelter rule?
Under the shelter rule, a person who takes from a bona fide purchaser receives the same protection as the BFP, even if the transferee had notice of a prior interest. This rule encourages the free alienation of property.
What is the rule statement for the Sixth Amendment right to counsel?
The Sixth Amendment right to counsel is offense-specific and attaches once formal charges are filed. After attachment, the government may not deliberately elicit statements from the defendant outside the presence of counsel.
What is the rule statement for the duty to diversify investments?
Under the prudent investor rule, a trustee has a duty to diversify trust investments to minimize risk, unless the trustee reasonably determines that, because of special circumstances, the trust purposes are better served without diversification.
What is the rule statement for a codicil?
A codicil is a testamentary instrument executed after a will that modifies, amends, or republishes the original will. A valid codicil must be executed with the same formalities as a will. A codicil republishes the original will as of the date of the codicil and may validate an invalid will if properly executed.
What is the rule statement regarding solicitation of clients?
A lawyer shall not solicit professional employment by live person-to-person contact when a significant motive is the lawyer’s pecuniary gain, unless the contact is with another lawyer, a family member, a close personal relationship, or someone with a prior professional relationship. Solicitation includes in-person, real-time electronic, or telephone contact.
What is the rule statement for lateral and subjacent support?
A landowner has the right to lateral support from adjoining land and subjacent support from below the surface. If land subsides, a neighbor is strictly liable if the land would have collapsed in its natural state. If structures contributed, the plaintiff must show negligence.
What is the rule statement for a Terry stop?
Under Terry v. Ohio, police may conduct a brief investigatory stop if they have reasonable suspicion, based on articulable facts, that criminal activity is afoot. If they also have reason to believe the person is armed and dangerous, they may perform a frisk for weapons.
What are a trustees duties?
A trustee owes fiduciary duties to the beneficiaries and must act in good faith and with loyalty and care. The key duties include:
Duty of Loyalty – Act solely in the interest of the beneficiaries, avoiding self-dealing and conflicts of interest.
Duty of Care (Prudence) – Administer the trust as a prudent person would, using reasonable care, skill, and caution.
Duty to Diversify – Diversify trust investments to minimize risk, unless doing so would be imprudent under the circumstances.
Duty to Make Property Productive – Invest and manage trust property to produce income for the beneficiaries.
Duty to Account and Inform – Keep accurate records, provide periodic accountings, and keep beneficiaries reasonably informed.
Duty to Segregate and Earmark – Keep trust property separate from personal property and clearly labeled.
Duty to Follow Terms – Strictly follow the terms of the trust instrument.
A breach of any duty may result in surcharge, disgorgement, or other equitable remedies.