WILLS & TRUST

Barbra Singer
Intestate Distribution: if there is a will how does the property pass. If a person dies
intestate in FL, the persons probate assets will be distributed under the provisions of FL
probate
Testate Distribution: making a will, what needs to be in a will, revoking a will. Lapse
Ademption
Wills Adminitration: probate process
Trust: formation, what needs to be in. charitable, resulting trusts etc..Terminating a trust.
Trusts: tested in essay form and done a lot b/c of changes in trust code.
Wills: hasn't been tested in 30 years. In an essay could use it in conjunction with
another topic. Mostly MC form. If you get Will component in an essay you need to start
with execution of the will: was it properly executed, what are the formalities. If it is
properly executed was it revoked? If will still valid then consider will provisions. At end
of essay you would talk about intestate distribution bc/ if will or part of will fails you need
to be familiar with the rules.
Will Substitutes: co Tenancy with Right of survivorship, life isnurance, life insurance
trusts, pour over, revocable, tanton, pod and Tod accounts.

INTESTATE DISTRIBUTION
Intestate: if a person dies in FL, the persons probate assets will be distributed under the
provisions of FL probate code - NO WILL
if you have a person with a will leaving all their real property to A = that is TESTATE for
the real property. If the will does not cover everything the testator has they will pass by
instestacy.
Its not an all or nothing. Some could pass testate and some intestate.
WHO ARE THE PLAYERS:
-Surviving Spouse

W (decedent & if leave will testator) divorced from H. If she has no kids the surviving
spouse gets nothing. If she has kids you need to decide what marriage they are from.
W will get first 60 plus half and the other ha.
if W had a child from H so the children are not all the children from the dead person then
W gets half and the kids get the other half.
Strict Per Stirpes:
DANA - has three kids Ann, Bill, Colleen
ANN - has two kids Art Amy
1- Look for the ROOT Generation: here the kids are the root generation: ABC
2- Each going to get 1/3 of the property
Look @ Note Cards
First 60k and 1/2 if all kids are from the spouse
only 1/2 if all kids are not from the same spouse
Adoption: they are kids as if they were bio. Cuts off the natural parents with regards to
inheritance and will inherit from adoptive like they were natural
exceptions:
1-if natural parent marries another and the otehr person adopts the child they are not
cut off: H & W marry and have A. Now W marries X. X adopts. W will not get cut off
child. BUT, if H lets A get adopted by X then he gives up his legal rights.
2-BUT: if H dies and then W marries X and X adopts A then A can still inherit from H
family.
3- if adopted by other family members you can still adopt
virtual adoption:
1- An agreement must have been made b/w a natural parent and the adoptive
2- The natural parents must perform by giving up the child
3-the Child must perform by living w/ adoptive parents
4- the adoptive parents must partially perform by taking the child in and treating the child
as their own; and
5-The adoptive parents die intestate
After Born:
A child who was conceived b/f the decedent's death, though born after, may inherit.
Non-Marital Child

A non marital child is recognized as the child of the mother. The child may inherit from
and through the mother, and the mother may inherit from and through her.
- Does not have a right to inherit form the father unless
- The natural parents marry b/f or after the birth of the child (even if the attempted
marriage is void)
- Paternity is established by adjudication b/f or after the fathers death: note an
action to establish paternity for inheritance rights must be commenced w/in 4
years of the date on which the child reaches the age of 18
- The father acknowledges in writing
If they test Wills: favorite things is this next issue: HALF BLOOD
HALF BLOOD
Half Blood siblings share one but not both parents. Whole-Blood siblings have the same
mother and father
Property descends collaterally if it is taken by a relative who is not the first parentela.
FL follows the traditional CL rule in determing how much a person may inherit
collaterally from a half - blood sibling. Under this traditional rule, a half-blood sibling will
take half as much as a whole blood sibling.
When descent is lineal, half-blood and whole blood siblings take equally.
Look @ pictures on note cards
ADVANCEMENTS:
is a transfer to a potential beneficiary that occurs b/f the intestate death of the decedent.
A transfer will be an advancement if:
1- Delivery of the advanced property is accompanied by a writing that states that the gift
is to be counted against the recipients heirs intestate share of the intestate; or
2- The heir acknowledges in writing that he is receiving an advancement, which is to be
taken into account @ donors death.
- Value it @ time of gift not deaht
- HOTCHPOT: is how you figure out how it affects the intestate estate
HOTCHPOT:
Mom Dead with two kids B and S - they get 1/2 each
Start with her intestate estate: 300k
Add back in 50k that she gave to B: 50k
Total now: 350k & that is now the value of the HOTCHPOT estate
Divide it up: two people who get so that is 1/2 each
350,000 x .5 = 175k each

B already got 50k so you minus the 50k from 175 = 125k for B
S gets the entire 175k
UNIFORM SIMULTANEOUS DEATH ACT
types of distributions subject to this:
1-Testate Distribution
2-Intestate distribution
3-Joint Tenancy
4- TBE
5-Life insurance K
** FL does not have the 120 hour rule. If live only 5 min longer then survivor.
H & W die @ same time: Treat each as having survived the other. We want to avoid
two probates. H estate we treat H as surviving W. Treat W estate as if W survived H.
What do we do if they are co-T in a survivorship tenancy: JTWROS or TBE? Divide the
property in half and allocate 1/2 to H and 1/2 to W and then treat each half as their own
parts and suriving each other.
SLAYER STATUTE
W kills H. W treated as predeceased and will not inherit. But if they have a kid that child
will inherit regardless of Ws act
Not limited to instate
Must be intentionally and feloniously. If there is a conviction with the appropriate intent
elements then that will work, cant be gross negligence. If no conviction then the court
can make the decision by preponderance of the evidence.
DISCLAIMERS:
An heir may disclaim an intestate share. If an heir properly disclaims
if you have a minor the natural parent or guardian may disclaim for minor if the minor
would otherwise take due to another disclaimer. Guardian cant disclaim for the minor if
they would take it.
example: T devises Blackacre, To my son but if my son does not survive me then to my
sons D. Son is an adult and he says he doesnt want the give so he disclaims. So his
Daughter will take the property. Then Daughter doesnt want the property either and she
is 30 - she can make the disclaimer too. If she is under age she cannot disclaim for
herself but father would disclaim for her. A cant disclaim for S if A gets the property. But
if S has a child then it would work b/c then it would go to the child.
How do you disclaim:

1- writing which is clearly a disclaimer

2-describe property with detail
3- signed
4- delivered, if person is dead then goes to personal rep
if it is real propety you want to record to protect for BFP
These are effective @ the date of decedents death
Not permitted if:
1- Accepted
2-Voluntarily assigns or transfer
3- property sold due to judicial process
4- insolvent

TESTATE DISTRIBUTION: distribution through a will

you can die intestate and the law will take care of distribution but ppl might get left out.
will might exercise a power of appointment. Will can also provoke a prior will.
Vocab:
All testate gifts called devises
Technically devise is used in respect to real property so be careful.
Personal property is bequest
Money Legacy
Wills take effect on death only.
Making A Will:
1- You need to have present intent to make the will
May have a condition precedent: making will but not effective unless I die in the
surgery tomorrow - not effective.
2- dont confuse motive with intent.
In a Will you need certain things:
1- Writing. Does not recognize oral wills at all.
2- Must be signed by testator
3- Signed in the presence of 2 witnesses
4- witness must sign in the presence of the testator and eachother
writing:
dont recognize holographic wills. Hand written wills must have all the formalities

signature:
anything okay.
Initials
X
-or having someone sign for you is okay
-Anything you put on doc to signify your stamp of approval is okay.
-Someone can help you sign as well.
-Must be Signed @ the End! TEMPORAL END is what matters, the last thing you do is
you sign. Doesnt matter if its not at the physical end.
- In presence of witness. either can be actually in their presence or sign first and then
say yes this is my signature.
-IN THE PRESENCE: 2 thought. Fl has not decided. This is for determing whether the
witnesses signed in the presence of the testator.
1) in the line of sight and even though not right in front you can still see
2) Conscious Presence: the Testator need to see the witnesses sign but must be
conscious of the witnesses and their act of signing the will.
ATTESTATION CLAUSE:
recites the facts of execution: the following things happened: everyone signed in each
others presence etc...this is helpful if probabted many years later.
SELF PROVING AFFIDAVIT:
does not have to be attached @ time of execution.
it is notarized and if you have this that recites all the proper facts for due execution then
will can be admitted into probate w/ nothing else, no need for testimony from witnesses.
Sig of witnesses on the self proving affidavit can count towards the 2 witnesses
requirements
WITNESSES:
only need to be competent and dont have to be disinterested.
CODICIL
amends or revokes a will. must be executed w/ the formalities required for execution of
a will.
***if you have a will that was executed in another jurisdiction then it is admissible in FL
w/ exception from holographic will.
CAPACITY TO EXECUTE A WILL:

1-Need to be 18 or amencipated
2-Sound mind (this is presumed and it is up to person challenging probate to show not
of sound mind
3- Must know what you have: nature and extent of your property
4- Must know the objects of your natural bounty: children, close friends
5- Must know what you are doing (know you are putting a scheme together and that it
ties all together.
6- Know how all tie together.
CHALLENGING A WILL
-Physical or mental incapacity
-If operating under an insane illusion - something that is not grounded in any fact @ all.
-Illogical belief.
undue influence:
a will may also be challenged on ground that it was procured by undue influence. there
is a presumption of undue influence if you have a close/special relationship like husband
and wife
Fraud:
Inducement: occurs when the testator knows that he is executing a will but has been
fraudulently induced by a third party to include or exclude a provision in the will.
Factum: fraud in execution. You dont know what you are signing. Say this is a K for sale
but its really a will.
if you see soemthing left out of the will it wont make the entire will void if there is fraud
Duress:
makes the will void
Mistake:
FAct: most common is mistake in omission. T leaves out a child from a will under
mistaken belief that child is already dead. Most often the mistake will not avoid the will
unless if the mistake is clear from the face of the document. In most cases the omission
stands unless it is on the face: im leaving out my kid b/c he is dead
Nature: sign the wrong doc. For example husband sings his wifes and his wife sings the
husbands. Modern Trend is that the docs can be reformed and it is easy to fix.
REVOCATION OF WILLS
1- A will may be revoked several ways
a- writing
b- Physical Act

c- Revocation by Operation of Law

Writing:
can say expressly that all other wills are void.
Can also have inconsistency or codicile. The last one to be done stands & revokes
earlier
Physical Act:
rip it up, tear it up, shred.
** If you are going to cancel by crossing out or burn you have to touch the words on the
will!!
** Cannot have partial revocation by physical act in FL.
operation of law
if you have a divorce anything to spouse is revoked. Life insurance does not get
cancelled out.
If you have multiple copies the revocation of one of the copies destroyes all copies
DESTRUCTION OF WILL
if you have a missing will presumption of revocation.
Codicil: if you revoke a will then all codiciles are also revoked but not vice versa
DEPENDANT RELATIVE REVOCATION
A court may permit the probate of a will that was revoked if the revocation was
dependent on the validity of a new will. The doctrine typically is invoked when:
1- A testator executes a will
2- The T then revokes that will w/ intent to make a new disposition as a sub
3- The new disposition is not made or is invalid
Need 2 things:
1) prove from facts that T would prefer to die testate rather than intestate. Look at
schemes of distribution. If schemes are relatively similar then you presume the T would
prefer to have the first will admitted.

HOW DO YOU PROVE IF CANT FIND THE WILL

need testimony of 2 disinterested who knew terms of will OR
You have a correct copy plus testimony of 1 disinterested
DISTRIBUTING THE ESTATE UNDER THE WILL
1- Satisfaction

2-Disclaimer
3- Construction of Will Provisions
SATISFACTION: if a T makes a gift to a will B during the Ts lifetime, the gift may be
considered to be in whole or partial satisfication of the testate gift if the inter vivios gift
falls into any one of the following three categories:
1- will provides for this
2- accomplished by writing that confirms that it is Satisfaction
3- recipient of gift acknowledges
Negative Will: cant put provisions that says you dont want someone to take if there is
left over money or if it passes through intestate.
Interrorem Clause: you lose your share under the will if you challenge the will Not
enforceable in FL
Outside FActors that affect distribution:
ACTS OF INDEP. SIGNIFICANCE: something happens outside the will. ex) T leaves to
Sister S all of my household furnishings. T redecorates then dies. Whatever was in the
house when she died goes to S. doesnt matter that you changed all the things in your
house. ex) Gift of 1k to all ppl employed at business. it will not change anything if you
hire and fire ppl.
INCORP BY REFERENCE: must have a writing already in existence & will must
manifest intent to incorporate it and it must identify it specifically.
POUR OVER TRUST: Typical is revocable & we have presumption of revocability. does
not have to be funded and and can be revoked @ anytime. Will must identify the trust,
must be in writing. No funding is required b/c the assets from will pour over and fund it.
TANGIBLE PERSONAL PROPERTY: jewelry, car, furniture. has to be signed but does
not have to be in existence @ time Will creates, unlike the Pour Over Trust which does.
Can change the list as often as you like. if there are multiple last one prevails
*** LAPSE: if an item is mentioned in a will, Mercedes, if the person you willed to is
dead @ the time the gift lapses b/c he cannot take it. Disclaimed gifts also treated as
lapse. If we have anti lapse statute the gift may be protected. Will and Trust have very
different Anti Lapse Statute. Will protects someone who is a decendant of the decedant
or the decedents grandparents only. Remember the will could have an express
survivorship requirement and that would take precedent over the anti lapse statute. If
someone is protected by anti lapse it goes to Lineal only (children, grand children...)
Watch out b/c does not have to be your lineal decedent CAN be lineal decedent of your
GRANDPARENTS. Nephews, siblings, neices, etc....

ex) Page 41
class gifts:
gift to child brothers & sisters just has to be identifiable class.
What if 1 member predeceases?
Normal Rule: if 1 member of class dies the other members absorb the gift.
Rule of Convience would not operate b/c there is no gift until T dies
Look @ book page 43
No Residue of Residue Rule Abolished:
what happens to gift when there is no anti lapse? The other party will absorb the whole
thing. If anti lapse works then this is not used.
CHANGES IN PROPERTY
Gift that is no longer is in your possession is adeem. Ademption can be full or partial.
1-Intent of testator
2-Specific devise may be subject
3- portio of devised property
4-exceptions:
a) balance of purchase price due: person who was given the gift gets the remainding,
nothing that was given before death but after yes
b) condemnation award: as long as paid after death
c) unpaid proceeds of fire, casualty insurance
d) property acquired by foreclosure.
stock:
if you devise MY 100 shares of ABC stock he gets all 100. If you only have 50 then he
gets 50.
If you devise 100 shares of ABC stock. If you have it when you die you get it. If dont
then they get $ value for 100 or the rep has to go out and buy 100 shares of ABC
What if you have more rather than less:
SPLIT: add shares will go to the devisee
DIVIDEND: goes to the divisee if stock dividend but cash dividends paid during the life
of T do not go to divesee.

specific Devise: you name an item.

Demonstrative Gift: paid out of a particular account ( 5k for B out of my bank account)
General: I give B 1k
Admeption does not apply to a general gift.
Exoneration:
no exoneration unless the will provides for it so take it subject to the mortgage.
Mort Mane: dead Hand:
occurs if you give property to a charity. Declared unconstitutional. Any gifts to charity
are valid in FL

*****PROTECTION OF FAMILY******
elective share: 30% elective estate, property subject, satisfied first from interests that
pass to surviving, exclusions
-30% of elective estate. Spouse can elect to take against the will.
this means you can say i dont want what is in the will i want 30% and it can be from any
of the following:
1- probate
2-will substitutes (POD, TOD, Totten Trusts)
3- JTWROS TBE
4- revocable trusts (remember presumed revocable)
5- irrevocable if they are reserved income
6- life ins policy with net cash
7-Death benefits
8- if D transfers property w/in 1 year of death included
9- property transferred in satisfaction of the elective share.
Things are excluded from the above Pot:
1-transfer is for consideration its not included in the elective estate
2-if spouse consents (remember property with married need this)
3- if you have proceeds on ins policy in excess in net cash surrender value
4- court ordered ins policy
5-Decedents 1/2 of community property (not fl but could be in another state that is
community property
6- Qualified special needs trusts
7- irrevocable transfer before oct 1 1999.

8- General Power of appointment with regards to tax

9- any protected homestead property
How do you satisfy the 30% share:
1- anything that goes to spouse anyway through the will, will satisfy the share.
2-Then anything that was in the probate that wasnt going to spouse then revokable
trusts.
3- pro rata from recipients of all other property interests included in the elective share,
excluding those qualifying for a charitable deduction
4-charity

Elective share is in addition to other protections like homestead etc....

How do you make an election:
1- surviving spouse
2- with probate court approval
-Look @ page 49
Can waive elective share in pre or post nuptual.
if you have a prenup agreement - no disclosure required that waives statutory. If you
have post then disclosure is required.
COMMUNITY PROPERTY:
equitable distribution state
If you have community property if property purchased will spouses domiciled in
community property state
PRETERMITTED SPOUSE:
is a surviving spouse who married after the will was executed. A surviving spouse may
make an intestate share as a pretermitted spouse.
Spouse can take pretermitted share which is the intestate share: no kids then entire
estate.
Spouse must be married after will. Can elect to take pretermitted unless:
1-provided for
2-Waives the right in the pre or post nup
3- provided for in contemplation of marriage but the will must say this. I am making
provision in contemplation of marriage. Must be specific.
4- Indicates intent not to provide for
PRETERMITTED CHILD

born after will is made the child can claim that childs intetate share unless:
1-advancement was given
2-the will demonstrates intent to omit OR if T has @ least one child when will executed
and devises sub all the estate to the other parent then if the other parent is entitled to
take under teh will the pre termited child cant take
ex) Dan married to Marry. Executes a will and they have son Joe. Dan divises all his
estate to Marry. then later they have June after the will executed. If Marry survives Dan
and Marry is entitled to take then June gets zip!
If there is a codicile that would take away the pretermitted identity
Dan has kid and spouse. Makes will and doesnt give anything for after born. Then kid
born then June could take it. BUT then Dan executes a codicile that re executes the
whole will and that makes june born after execution of will.
HOMESTEAD:
if held TBE then that is how it passes to spouse
unless above then will pass as life estate then vested remainder goes to lineal
descendants in being @ time of Ds death
Lender can get @ homestead
If you have obligations for repair of the home (roof) they can get mechanic lien.
FAMILY ALLOWANCE:
up to 18k may be claimed by the surviving spouses & lineal ascendants & descendants
whom the D was obligated to, or did, support. this is in addition to the 30%
EXEMPT PERSONAL PROPERTY
if D was domiciled in FL @ time of death surviving spouse shall have the right to the
following as exempt property
Household furniture, furnishing up to 10k
All cars that use regularly
If any of the above are willed to someone else that is where it goes.
Can waive all of this if you want.
Waivers: page 53
AGREEMENT TO MAKE A WILL
must be in writing
signed

witnessed
Exceptions to SOF: part performance & estoppel
AGREEMENT NOT TO REVOKE A WILL: page 55
JOINT WILL:
2 execute 1 will.
CONSTRUING WILLS
plain meaning rule:
Patent Amb: address is wrong & extrinsic allowed to explain
*****WILL SUBSTITUTES****
JTWROS & TBE
any vehicle that in effect passes property w/o will formality.
Bank accounts and Securty are good
TOTTEN TRUST: in re totten
savings account. depositer puts $ in and retains the pass book and says they are
holding it in trust. Beneficiary gets no right to any of the money unless & until depositer
dies. Whatever is in there is what they get. This is revocable. OR the depositer can
revoke by making a devise in the will. If the B pre deceases the depositer then you have
automatic revocation
TRUE JOINT TENANCY BANK ACCOUNT
treated as a joint tenancy and it is yours
PAY ON DEATH
bank account. On the sig card it says pay on my death to whoever that person has no
current interest but can get the funds when you die w/o going to probate
TRANSFER ON DEATH
same thing for security account
INSURANCE POLICY:
Whole life insurance policy: the insurer is the person whose life is being isnured. when
that person dies the policy benefits are paid to beneficiary. If it is whole we have a cash
surrender value: no calculations.
Term Life: lasts for set term. @ end of term you can either purchase more or let it go.
No net cash surrender value for this type

Gift Casa Mortis: death bed gift. its a gift and you need 3 things: 1) present intent to give
gift: making you gift now 2) delivery 3) acceptance, presumed. Must be made in
contemplation of death and revocable during doners lifetime.
****WILLS ADMINISTRATION****:
Process:
starts on the death of the decedent.
if someone disappears:
1: has been absent from his last known domicile for five continuous years
2: The absence may not be explained after a diligent inquiry.
where: circuit court
venue: county in which the decedent resides. BUT if you have non resident but property
in the state, any county in which the decedent owned property. If no property then look
for debt and the county where debtor resides
how do you begin:
-file the will & prove it - this is where the self proving affidavit is important.
-if you dont have the self prooving then you need oath of @ least 1 of witnesses (this
can be a problem)
-if no witness available then the personal rep or some other disinterested person can
swear to it.
-if you have a foreign language will the will may still be offered BUT it has to be
translated into english.
-Lost of stolen will you need 2 disinterested or a copy of will and testimony of 1 witness.
-If you find will or codicile after probate is over: may be admitted but only up to time
when the estate is closed.
Personal Representative:
person who administers an estate is called Personal Rep:
- Must be 18
- have capacity to make contracts
- cant be convicted of felony
- Prefer FL residency except: if you have grandparent of decedent of grandparent okay
if not FL resident (includes adoptive). Spouse of Granparent, child or grand child or the
spouse of any of them.
- Can be a banking institution as long as the charter of that institutuion authorises them
to do this
selecting Personal Rep:

-if no will then surviving spouse gets preference

-If there is no spouse or the spouse disclaimed or waived right then look @ who is
selected by the majority of heirs
-The heir of the nearest degree of kinship
-Remember if there is a will that rules
-If someone becomes unable to perform then that person should file notice of inability
and if they dont they could be be removed by court order and could be charged w/ the
cost of the removal proceeding.
compensation:
can get it from what will says
can renounce what will says in leui of a better amount.
what can personal rep do?
-almost anything
-buy and sell: except real property
-If personal rep wants to sell real property that sale can take place only if will authorizes
sale w/o court order or court order has been secured.
-Take possession of assets/gather together, inventory the assets (look @ this page 65)
-Hire professionals
-Continue business of decedent for up to 4 months w/o court order.
- can have more than 1 person as the personal rep: Rule you needed majority vote
unless will provided otherwise
Consider Powers & Duties

what are duties:

-inventory
-figure out who gets what
-manage and distribute property
-Never co mingle own assets
conflict of interest:
should not engage in conflict of interest- self dealing
-Are they personally liable? Generally there is no K personal duty executed in fiduciary
capacity as long as the person dealing w/ the Personal Rep knows they are acting as a
Pers. Rep.
-Personally liable for Torts you committ
-if you prudently hire a professional you are not liable for their acts
Breach of Duty:
***Sale of Real Property: remember cant sell real property unless will says it or court
order if they do this then the transaction is VOID.

This is different than Trustee

challenging probate page 69
Letters need to be issued
Pers Rep can serve notice on intersted persons b/f letter issued.
If served w/ notice will have hearing & must object to everything you object to & if you
dont you waive those claims.
If no notice b/f letters issued

****PROCESS OF PAYING CREDITORS****

Personal Representative Must:
Notify Creditors: (must do both)
a. Publication in newspaper 2 times
b. Personal Service on all Known Creditors
Now Creditors Must:
a. Known creditors: they get the later of the following: 3 months after first date of
publication or 30 days after service of notice.
b. Unknown Creditor: files 3 months after the first notice published OR if no notice
published then w/in 2 years of decedents death.
If Creditor is not timely they are forever barred.
If Creditor files the claim then ball lobbed back to Pers Rep who then gets to object or
not object.
If Pers Rep is going to reject the claim they have to file written objection either later of 4
months from the first notification
Now Rejected creditor has to file an indpenedent action w/ in 30 days - go into court for
this.
If Personal Rep decides to pay the claim the pay the claims and need to talk about 2
things: satisfaction of claims & abatement
satisfaction of claims
1- CLASS 1: Costs of administration (attorneys)
2- CLASS 2: Reasonable funeral not to exceed 6k
3- CLASS 3: debts & taxes
4-CLASS 4: expenses of last illness with cap of the last 60 days
5-CLASS 5: Family allowance 18k

6-CLASS 6: Arrearages from court ordered

7-CLASS 7: Debts qcquired after death by contuation of the decdents business
8-CLASS 8: all other items including the funeral costs that go over 6k and medical
expenses that are older than 60 days
ABATEMENT:
1) Anything that passes by intestacy
2) Residue
3) General Divises (1k to Aunt Marry)
4) Specific (car) & demonstrative gifts( 5k from bank account from first bank)
Gifts are abated pro rata unless you have a devise to spouse if that is giving in leui of
statutory protections. That gets last.
Does not apply to exempt personal property
If there is not enough you can dip into the revocable trusts b/c they are will substitutes.
Once everything is done and paid the Estate is Closed and Closed for Good. If discover
new will after estate is closed it cant be probated.
ANCILLARY JURISDICTION:
has a will in MA and lives in MA but has a winter home in FL. Their probate will happen
in MA but what about the real property in FL - this is where Ancillary comes into play. If
the item itself is located in FL then this applies and its not just real property. You go to
the county where the debt or property is.
CHOICE OF LAW:
wherever decedent was domiciled or if the will says otherwise then there.
SUMMARY ADMIN
if you have a relatively small estate, value of entire estate (subtracting exempt property)
doesnt exceed 75k or the decedent has been dead for more than two years you can use
this. The will cannot say to do this.
Still have to give notice to creditors etc...
Could also have no formal administration:
- allowed if D leaves only exempt personal property (homestead)
- if there is non exempt prop that doesnt exceed value of funeral and last 60 day of
illness.