Wills, Trusts, Estates Questions with 100% Verified Answers
Latest Update
Question: Answer:
When the testator dies partially testate and partially intestate. Partial intestacy
Property is disposed of
under both the terms of the will and under the laws of intestacy.
Question: Answer:
A beneficiary must survive the decedent by 120 hours (5 days) to Virginia Simultaneous Death Rule
take under a will.
Otherwise the beneficiary is determined to have pre-deceased the
defendant. Must
prove by clear and convincing evidence. UNLESS:
1) decedent changes the period in their will OR
2) property would otherwise escheat to the commonwealth.
Question: Answer:
Must be born during the consenting person's lifetime or within 10 Child born though conception's inheritance rights
months after the
consenting person's death to take under intestate succession.
Question: Answer:
Any relative of the decedent who was conceived before the After born child
decedent's death but born
after death will inherit as though he had been born during the
decedent's lifetime.
Question: Answer:
A child or other person who is related to decedent though multiple Multiple Options for Inheritance
relationships takes a
single share, using whatever relationship results in the larger share.
,Question: Answer:
A person who kills the decedent is not allowed to take as a Virginia Slayer Statute
beneficiary.
Killing must be convicted of murder or voluntary manslaughter
(negligence is ok) OR in a
civil proceeding by a preponderance of the evidence.
Applies if acquitted by reason of insanity
DOES NOT APPLY to self-defense.
Killer treated as pre-deceasing the defendant.
Question: Answer:
A refusal to accept an interest in property. Valid if: Disclaimer
1) made before disclaimant accepts or transfers the interest.
2) In writing
3) State interest is disclaimed
4) Disclaimant must sign and deliver it to the executor or
administrator of the estate.
If a disclaimer does not name an alternate taker of a disclaimed
interest, then the devise
passes as if the disclaimer pre-deceased the testator.
Question: Answer:
1) 25,000$ or one year of monthly payment of 2,500$ Family Allowance
2) Second priority of payment from the estate (behind administrative
costs).
3) Claimed by spouse or surviving minor children.
Question: Answer:
1) 25,000 in value to spouse from household furnishings, Exempt Property Allowance
automobiles, furnishings,
appliances or personal effects of the estate.
2) Third priority of payment from the estate (Behind administrative
cost and family
allowance.) does not take priority over creditors.
, Question: Answer:
25,000$ to surviving spouse or split equally between minor children Homestead allowance
IN LIEU of amount
payable under the will or intestacy.
Fourth in line behind administrative costs, family allowance, and
exempt property
allowance.
If died after Jan 1, 2017, can claim both elective share AND
homestead allowance.
Question: Answer:
Spouse can choose amount left by statute under the augmented Elective Share.
estate or amount left
under the will/intestacy.
Latest Update
Question: Answer:
When the testator dies partially testate and partially intestate. Partial intestacy
Property is disposed of
under both the terms of the will and under the laws of intestacy.
Question: Answer:
A beneficiary must survive the decedent by 120 hours (5 days) to Virginia Simultaneous Death Rule
take under a will.
Otherwise the beneficiary is determined to have pre-deceased the
defendant. Must
prove by clear and convincing evidence. UNLESS:
1) decedent changes the period in their will OR
2) property would otherwise escheat to the commonwealth.
Question: Answer:
Must be born during the consenting person's lifetime or within 10 Child born though conception's inheritance rights
months after the
consenting person's death to take under intestate succession.
Question: Answer:
Any relative of the decedent who was conceived before the After born child
decedent's death but born
after death will inherit as though he had been born during the
decedent's lifetime.
Question: Answer:
A child or other person who is related to decedent though multiple Multiple Options for Inheritance
relationships takes a
single share, using whatever relationship results in the larger share.
,Question: Answer:
A person who kills the decedent is not allowed to take as a Virginia Slayer Statute
beneficiary.
Killing must be convicted of murder or voluntary manslaughter
(negligence is ok) OR in a
civil proceeding by a preponderance of the evidence.
Applies if acquitted by reason of insanity
DOES NOT APPLY to self-defense.
Killer treated as pre-deceasing the defendant.
Question: Answer:
A refusal to accept an interest in property. Valid if: Disclaimer
1) made before disclaimant accepts or transfers the interest.
2) In writing
3) State interest is disclaimed
4) Disclaimant must sign and deliver it to the executor or
administrator of the estate.
If a disclaimer does not name an alternate taker of a disclaimed
interest, then the devise
passes as if the disclaimer pre-deceased the testator.
Question: Answer:
1) 25,000$ or one year of monthly payment of 2,500$ Family Allowance
2) Second priority of payment from the estate (behind administrative
costs).
3) Claimed by spouse or surviving minor children.
Question: Answer:
1) 25,000 in value to spouse from household furnishings, Exempt Property Allowance
automobiles, furnishings,
appliances or personal effects of the estate.
2) Third priority of payment from the estate (Behind administrative
cost and family
allowance.) does not take priority over creditors.
, Question: Answer:
25,000$ to surviving spouse or split equally between minor children Homestead allowance
IN LIEU of amount
payable under the will or intestacy.
Fourth in line behind administrative costs, family allowance, and
exempt property
allowance.
If died after Jan 1, 2017, can claim both elective share AND
homestead allowance.
Question: Answer:
Spouse can choose amount left by statute under the augmented Elective Share.
estate or amount left
under the will/intestacy.
