BAR PREPARATION

Non-Probate Property correct answers Life insurance, individual retirement accounts, living and revocable trusts, and survivorship property Executor correct answers Named under a will (decedent asks to represent the estate) Administrator correct answers Appointed by the court (may exist in intestacy situations) Administrator CTA correct answers Appointed by court when there IS a will but when will does not designate executor, or when designated executor fails/ceases to serve. This will ...

Will Formalities - ANSWER 1) T must be 18 or over 2) Instrument must be executed with testamentary intent (so sham instruments will not be given effect) 3) T must sign will (any mark → initials, "X" will serve as signature; also, signature may be another person at T's direction, in T's presence) 4) 2 attesting witnesses who witness T's signing (OR, T;s acknowledgement of previous signature or will) What happens if a portion of the will (e.g., clause naming personal representative) ...

I. Intestacy Defined a. Total Intestacy: occurs when a person dies without having any valid will b. Partial Intestacy: occurs when a person dies having a valid will, but the will does not effectively dispose of all of the person’s probate estate. II. General Scheme of Intestate Distribution a. Spouse and Issue of Decedent: take the entire estate i. Surviving spouse, no issue  100% of estate ii. Surviving issue, no spouse  divide 100% of the estate by representation iii. Surviving...

Virginia Code - When Intestate Succession Rules Apply correct answers i. decedent left no will; ii. decedent's will is denied probate (will not properly executed/will successfully contested by decedent's heirs); or iii. decedent left a will but the will does not make a complete disposition of the estate (partial intestacy) The omitted spouse statute correct answers spouse who marries testator after will's execution takes intestate share the predetermined child statute correct answers...

I. Definitions a. After-Acquired Property Clause: grants the secured party an interest in property that the debtor will obtain in the future. “…and hereinafter acquired.” b. Attachment: steps legally required to give the secured party a security interest in the collateral that is effective as against the debtor. A creditor is not a secured creditor until attachment! c. Collateral: property subject to a security interest. May be repossessed by the secured party upon default. d. Debtor:...

I. Split of Legal and Equitable Title a. Common law definition: fiduciary relationship in which one person (trustee) holds legal title to property for the benefit of another. b. Beneficiary can enforce the trust in equity, thus giving the beneficiary an equitable interest in the trust property. II. Express and Implied Trusts a. Express Trusts i. Created in express terms by a transfer of legal title to a trustee or by a declaration of trust. Declaration of trust is one in which the settlor...

INTRODUCTION I. Basic Task: to determine whether defendant is liable to plaintiff for any given tort. II. First Question: Can plaintiff establish prima facie case requirements? a. No  no liability b. Yes  second question III. Second Question: can defendant establish any affirmative defenses? INTENTIONAL TORTS I. Prima Facie Case: a. Act: any volitional movement by defendant. b. Intent: i. Substantial Certainty: intent exists if defendant knows with substantial certainty these c...

STUDY SMART OUTLINE OF WRONG ANSWERS I. Estates: a. “Fee Simple Determinable” is an estate that automatically terminates on the happening of a stated event. i. Possibility of reverted is retained by the landowner – automatic right. ii. Language: 1. “So long as” 2. “While” 3. “During” 4. “Until” b. “Fee Simple Determinable Subject to an Executory Interest” is an estate that, on the happening of a stated event, is automatically divested in favor of a third pers...

I. Test-Taking Tips: a. Approach: i. Who is passing the law? ii. What is the subject matter of the law? iii. Match the appropriate power to the subject matter. b. Generally Wrong Answers: i. General welfare clause 1. Unless dealing with the taxing and spending power ii. Necessary and Proper clause 1. Not a stand-alone power 2. Unless carrying into effect other enumerated powers iii. Federal police power 1. Unless dealing with US territories or DC iv. Enforcement clause of the 14th A...

Here are 15 pre-law bar exam prep questions with answers: What is the role of the judiciary in the United States government? Answer: The judiciary interprets and applies the law, resolving disputes between parties and determining the constitutionality of laws. What is the purpose of a deposition in a legal case? Answer: A deposition is a pre-trial discovery process where witnesses are questioned under oath outside of court to gather information for use in the case.