Where there is a will...
Intestacy
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Potpourri
Terms

100

This word describes the ability to move, change or revoke a will before death
What is ambulatory?

100

This type of property passes according to the laws of intestate succession of the state where it is located.
What is real property?

100

This type of trust becomes effective while the person is alive.
What is a living trust?

100

A person may have several residences but only one of these.
What is a domicile?

100

Persons entitled under intestate succession to the property of the decedent.
What are heirs?

200

Wills should be reviewed every ________ number of years.
What is 3-5?

200

Abraham Lincoln, Ullysses Grant, James Garfield, and Andrew Johnson
What are presidents who died intestate?

200

You can find this type of trust within the body of a will.
What is a testamentary trust?

200

Real and personal property owned by the decedent severally or as tenants in common at the time they died.
What is probate property?

200

No owner found so the property of the decedent passes to the state.
What is escheat?

300

In construing the meaning of a will, the court seeks to determine this.
What is the testator's intent?

300

An example of property disposed of using the law of intestate succession where the decedent had a will.
What is where the decedent's will did not contain a residuary clause?

300

AKA inter vivos trust
What is a living trust?

300

Everything that can be owned other than real property - it can even be intangible.
What is personal property?

300

A person to who, a gift is given.
What is a legatee?

400

This type of property passes outside of probate.
What is non-probate property?

400

Statutes that prevent an heir convicted of murder from inheriting from the victim's estate.
What are slayer statutes?

400

The settlor retains the right to alter, amend, or revoke the trust during their lifetime.
What is a revocable living trust?

400

This type of ownership of real property can only exists between those engaged in wedded bliss.
What is tenancy by the entirety?

400

They know what they own, who are the natural objects of their bounty, that they are making a will and are free from delusion.
What is a testator with testamentary capacity?

500

The burden of proof of testamentary capacity rests upon this individual.
Who is the proponent of the will?

500

People who have the same ancestors but who do not descend from each other, e.g. siblings, aunts, uncles, nieces, nephews and cousins.
What is collateral consanguinity?

500

A provision in a will where the testator leaves a gift to an existing trust.
What is a pour-over will?

500

Relationship by marriage
What is affinity?

500

An oral will
What is a nuncupative will?