Chapter 1 the Concept of Property Related to Wills, Trusts, and Estate Administration
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Spring 2014 Melanie Leslie – Trusts and Estates – Attack Outline 1
Spring 2014 Melanie Leslie – Trusts and Estates – Attack Outline Order of Operations (Will) • Problems with the will itself o Facts showing improper execution (signature, witnesses, statements, affidavits, etc.), other will challenges (Question call here is whether will should be admitted to probate) . Look out for disinherited people who have standing under the intestacy statute!! . Consider mechanisms to avoid will challenges (no contest, etc.) o Will challenges (AFTER you deal with problems in execution) . Capacity/undue influence/fraud o Attempts to reference external/unexecuted documents . Incorporation by reference . Facts of independent significance • Spot: Property/devise identified by a generic name – “all real property,” “all my stocks,” etc. • Problems with specific devises in the will o Ademption (no longer in estate) . Spot: Words of survivorship . Identity theory vs. UPC o Abatement (estate has insufficient assets) . Residuary general specific . Spot: Language opting out of the common law rule o Lapse . First! Is the devisee protected by the anti-lapse statute!?! . Opted out? Spot: Words of survivorship, etc. UPC vs. CL . If devise lapses (or doesn’t), careful about who it goes to • If saved, only one state goes to people in will of devisee, all others go to descendants • Careful if it is a class gift! Does not go to residuary unless whole class lapses • Other issues o Revocation – Express or implied? o Taxes – CL is pro rata, look for opt out, especially for big ticket things o Executor – Careful! Look out for undue -
Guidance Note
Guidance note The Crown Estate – Escheat All general enquiries regarding escheat should be Burges Salmon LLP represents The Crown Estate in relation addressed in the first instance to property which may be subject to escheat to the Crown by email to escheat.queries@ under common law. This note is a brief explanation of this burges-salmon.com or by complex and arcane aspect of our legal system intended post to Escheats, Burges for the guidance of persons who may be affected by or Salmon LLP, One Glass Wharf, interested in such property. It is not a complete exposition Bristol BS2 0ZX. of the law nor a substitute for legal advice. Basic principles English land law has, since feudal times, vested in the joint tenants upon a trust determine the bankrupt’s interest and been based on a system of tenure. A of land. the trustee’s obligations and liabilities freeholder is not an absolute owner but • Freehold property held subject to a trust. with effect from the date of disclaimer. a“tenant in fee simple” holding, in most The property may then become subject Properties which may be subject to escheat cases, directly from the Sovereign, as lord to escheat. within England, Wales and Northern Ireland paramount of all the land in the realm. fall to be dealt with by Burges Salmon LLP • Disclaimer by liquidator Whenever a “tenancy in fee simple”comes on behalf of The Crown Estate, except for In the case of a company which is being to an end, for whatever reason, the land in properties within the County of Cornwall wound up in England and Wales, the liquidator may, by giving the prescribed question may become subject to escheat or the County Palatine of Lancaster. -
Morris & Leach: the Rule Against Perpetuities
Michigan Law Review Volume 55 Issue 1 1956 Morris & Leach: The Rule Against Perpetuities William F. Fratcher University of Missouri Follow this and additional works at: https://repository.law.umich.edu/mlr Part of the Legal Writing and Research Commons, and the Property Law and Real Estate Commons Recommended Citation William F. Fratcher, Morris & Leach: The Rule Against Perpetuities, 55 MICH. L. REV. 149 (1956). Available at: https://repository.law.umich.edu/mlr/vol55/iss1/17 This Book Reviews is brought to you for free and open access by the Michigan Law Review at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Michigan Law Review by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. 1956] RECENT BOOKS 149 RECENT BOOKS THE RuLE AGAINST PERPETUITIES. By]. H. C. Morris and W. Barton Leach. London: Stevens & Sons. 1956. Pp. xlviii, 336. $8.90. It is more than seventy years since the publication of a book on the Rule Against Perpetuities intended for the use of lawyers of the British Commonwealth. That period has seen John Chipman Gray's definitive ex position of the Rule, basic statutory changes in the English law of property, and a vast accumulation of precedent by the courts of the Commonwealth and the United States. The publication of such a book by a competent English scholar and a leading American authority is an event of major importance. The preface states that the book, in its present form, was written by Dr. -
Administration of a Deceased Wife's Interest in Community Assets Jerry A
Santa Clara Law Review Volume 4 | Number 1 Article 4 1-1-1963 Administration of a Deceased Wife's Interest in Community Assets Jerry A. Kasner Follow this and additional works at: http://digitalcommons.law.scu.edu/lawreview Part of the Law Commons Recommended Citation Jerry A. Kasner, Administration of a Deceased Wife's Interest in Community Assets, 4 Santa Clara Lawyer 30 (1963). Available at: http://digitalcommons.law.scu.edu/lawreview/vol4/iss1/4 This Article is brought to you for free and open access by the Journals at Santa Clara Law Digital Commons. It has been accepted for inclusion in Santa Clara Law Review by an authorized administrator of Santa Clara Law Digital Commons. For more information, please contact [email protected]. ADMINISTRATION OF A DECEASED WIFE'S INTEREST IN COMMUNITY ASSETS Jerry A. Kasner* Modern estate planning practice, emphasizing a minimization of death taxes and probate costs, often discourages the traditional legacy of property by one spouse to the other. Property so passing may be subjected to probate and taxation twice within a short period of time.' To prevent this, a surviving spouse may be given only a limited life interest, if any at all, in the estate of the deceased spouse, with the bulk of the beneficial interest passing to succeeding genera- tions.2 Often the use of the trust device to carry out such a plan results in the selection of independent trustees and executors to achieve certain tax advantages and to provide continuity in the ad- ministration of estate assets. This form of planning for the "splitting" of interest between husband and wife necessarily results in division of the community property upon the death of either. -
REAL ESTATE LAW LESSON 1 OWNERSHIP RIGHTS (IN PROPERTY) Real Estate Law Outline LESSON 1 Pg
REAL ESTATE LAW LESSON 1 OWNERSHIP RIGHTS (IN PROPERTY) Real Estate Law Outline LESSON 1 Pg Ownership Rights (In Property) 3 Real vs Personal Property 5 . Personal Property 5 . Real Property 6 . Components of Real Property 6 . Subsurface Rights 6 . Air Rights 6 . Improvements 7 . Fixtures 7 The Four Tests of Intention 7 Manner of Attachment 7 Adaptation of the Object 8 Existence of an Agreement 8 Relationships of the Parties 8 Ownership of Plants and Trees 9 Severance 9 Water Rights 9 Appurtenances 10 Interest in Land 11 Estates in Land 11 Allodial System 11 Kinds of Estates 12 Freehold Estates 12 Fee Simple Absolute 12 Defeasible Fee 13 Fee Simple Determinable 13 Fee Simple Subject to Condition Subsequent 14 Fee Simple Subject to Condition Precedent 14 Fee Simple Subject to an Executory Limitation 15 Fee Tail 15 Life Estates 16 Legal Life Estates 17 Homestead Protection 17 Non-Freehold Estates 18 Estates for Years 19 Periodic Estate 19 Estates at Will 19 Estate at Sufferance 19 Common Law and Statutory Law 19 Copyright by Tony Portararo REV. 08-2014 1 REAL ESTATE LAW LESSON 1 OWNERSHIP RIGHTS (IN PROPERTY) Types of Ownership 20 Sole Ownership (An Estate in Severalty) 20 Partnerships 21 General Partnerships 21 Limited Partnerships 21 Joint Ventures 22 Syndications 22 Corporations 22 Concurrent Ownership 23 Tenants in Common 23 Joint Tenancy 24 Tenancy by the Entirety 25 Community Property 26 Trusts 26 Real Estate Investment Trusts 27 Intervivos and Testamentary Trusts 27 Land Trust 27 TEST ONE 29 TEST TWO (ANNOTATED) 39 Copyright by Tony Portararo REV. -
Jean Willey Trust
IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE In the Matter of: ) C.A. No. 5935-VCG JEAN I. WILLEY TRUST ) MEMORANDUM OPINION Submitted: July 22, 2011 Decided: August 4, 2011 William W. Erhart, Esquire, of WILLIAM W. ERHART , P.A., Wilmington, Delaware, Attorney for Petitioner, Scott Willey, Mark Willey and Deborah Willey, pro se , of 2311 Shaws Corner Road, Clayton, Delaware 19938, Respondents GLASSCOCK, Vice Chancellor. This is an action for approval of accounting and termination of a testamentary trust. Jean I. Willey (“Jean”), the testator, had four sons: Todd C. Willey (“Todd”), Mark E. Willey (“Mark”), Scott B. Willey (“Scott”), and Dale S. Willey (“Dale”). 1 In her will (“Jean’s Will”), executed on November 2, 2000, Jean devised $30,000.00 to Mark in a supplemental needs trust (“Mark’s Trust”), with the remainder of her estate to be divided equally among her four sons. Todd was named as the Trustee of Mark’s Trust in Jean’s Will; Dale was named the executor of the Will. Jean passed away on September 7, 2004. Although the testimony indicates that her estate was closed in May 2005, $30,000.00 in assets was placed in Mark’s Trust on May 17, 2005, and the remainder of Jean’s estate was then distributed equally to the four Willey brothers in September 2005. In April 2009, the Willey brothers sold Jean’s real property and the proceeds were distributed equally. Todd, the petitioner in this action, filed a motion on October 28, 2010 seeking approval of the trust accounting and the termination of Mark’s Trust, the corpus of which—according to Todd—is reduced to around $5,000 and should be turned over to Mark (via his guardians). -
Real & Personal Property
CHAPTER 5 Real Property and Personal Property CHRIS MARES (Appleton, Wsconsn) hen you describe property in legal terms, there are two types of property. The two types of property Ware known as real property and personal property. Real property is generally described as land and buildings. These are things that are immovable. You are not able to just pick them up and take them with you as you travel. The definition of real property includes the land, improvements on the land, the surface, whatever is beneath the surface, and the area above the surface. Improvements are such things as buildings, houses, and structures. These are more permanent things. The surface includes landscape, shrubs, trees, and plantings. Whatever is beneath the surface includes the soil, along with any minerals, oil, gas, and gold that may be in the soil. The area above the surface is the air and sky above the land. In short, the definition of real property includes the earth, sky, and the structures upon the land. In addition, real property includes ownership or rights you may have for easements and right-of-ways. This may be for a driveway shared between you and your neighbor. It may be the right to travel over a part of another person’s land to get to your property. Another example may be where you and your neighbor share a well to provide water to each of your individual homes. Your real property has a formal title which represents and reflects your ownership of the real property. The title ownership may be in the form of a warranty deed, quit claim deed, title insurance policy, or an abstract of title. -
Chapter 3 Recording of Documents Part 1 General Provisions
Utah Code Chapter 3 Recording of Documents Part 1 General Provisions 57-3-101 Certificate of acknowledgment, proof of execution, jurat, or other certificate required -- Notarial acts affecting real property -- Right to record documents unaffected by subdivision ordinances. (1) A certificate of the acknowledgment of any document, or of the proof of the execution of any document, or a jurat as defined in Section 46-1-2, or other notarial certificate containing the words "subscribed and sworn" or their substantial equivalent, that is signed and certified by the officer taking the acknowledgment, proof, or jurat, as provided in this title, entitles the document and the certificate to be recorded in the office of the recorder of the county where the real property is located. (2) Notarial acts affecting real property in this state shall also be performed in conformance with Title 46, Chapter 1, Notaries Public Reform Act. (3) Nothing in the provisions of Title 10, Chapter 9a, Part 6, Subdivisions, and Title 17, Chapter 27a, Part 6, Subdivisions, shall prohibit the recording of a document which is otherwise entitled to be recorded under the provisions of this chapter. Amended by Chapter 254, 2005 General Session 57-3-102 Record imparts notice -- Change in interest rate -- Validity of document -- Notice of unnamed interests -- Conveyance by grantee. (1) Each document executed, acknowledged, and certified, in the manner prescribed by this title, each original document or certified copy of a document complying with Section 57-4a-3, whether or not acknowledged, each copy of a notice of location complying with Section 40-1-4, and each financing statement complying with Section 70A-9a-502, whether or not acknowledged shall, from the time of recording with the appropriate county recorder, impart notice to all persons of their contents. -
SECTION 1.0 Summary of California Water Rights
SECTION 1.0 Summary of California Water Rights 1.1 Types of Water Rights In California, the different types of water rights include: 1.1.1 Prescriptive Water use rights gained by trespass or unauthorized taking that ripen into a title, on a par with rights to land gained through adverse possession.1 1.1.2 Pueblo A water right possessed by a municipality that, as a successor of a Spanish-law pueblo, is entitled to the beneficial use of all needed, naturally occurring surface and groundwater of the original pueblo watershed.2 1.1.3 Groundwater The Dictionary of Real Estate Appraisal, defines groundwater as “all water that has seeped down beneath the surface of the ground or into the subsoil; water from springs or wells.”3 This is an adequate working definition if the “springs or” is eliminated because once water issues out of a spring it becomes surface water, not groundwater. As is also indicated in the following text, it is not water flowing in an underground channel. Groundwater should be thought of as the water that occupies the space between soil particles beneath the surface of the land. Groundwater is extracted exclusively by means of wells. Whenever groundwater reaches the surface in a natural manner, whether through springs or seepage into a surface water stream channel or lake, it ceases to be groundwater and becomes surface water. The jurisdiction of the SWRCB [State Water Resources Control Board] to issue permits and licenses for appropriation of underground water is limited by section 1200 of the California Water Code to “subterranean streams flowing through known and definite channels.” If use of underground water on nonoverlying land is proposed and the source of the water is a subterranean stream flowing in a known and definite channel, an application pursuant to the California Water Code is required. -
OP-236 Hartford CT 06102-5035 Connecticut Real Estate Conveyance Tax Return (Rev
Department of Revenue Services State of Connecticut PO Box 5035 OP-236 Hartford CT 06102-5035 Connecticut Real Estate Conveyance Tax Return (Rev. 04/17) Town Code Land Record OP236 0417W 01 9999 For Town Clerk Use Vol. Pg. Complete Form OP-236 in blue or black ink only. Only 1. Town 2. Location of property conveyed (number and street) Amended return 3. Are there more than two grantors/sellers? Yes If Yes, attach OP-236 Schedule A - Grantors, Supplemental Information for Real Estate Conveyance Tax Return. 4. Grantor/seller #1 (last name, first name, middle initial) Taxpayer Identification Number FEIN SSN Grantor/seller address (street and number) after conveyance City/town State ZIP code - 5. Grantor/seller #2 (last name, first name, middle initial) Taxpayer Identification Number FEIN SSN Grantor/seller address (street and number) after conveyance City/town State ZIP code - 6. Is the grantor a partnership, S corporation, LLC, estate, or trust? s Ye 7. Was more than one deed filed with this conveyance? Yes If Yes, attach OP-236 Schedule A - Grantors 8. If this conveyance is for no consideration or less than Federal only State only Both fed. & state None adequate consideration, which gift tax returns will be filed? 9. Is there more than one grantee/buyer or, is the grantee a partnership, S corporation, LLC, estate, or trust? Yes If Yes, attach OP-236 Schedule B - Grantees, Supplemental Information for Real Estate Conveyance Tax Return. 10. Grantee/buyer (last name, first name, middle initial) Taxpayer Identification Number FEIN SSN Grantee/buyer address (street and number) after conveyance City/town State ZIP code - 11. -
Booklet 2 Housing Code Checklist (March 2021)
Representing Yourself in an Eviction Case Housing Code Checklist with Key Provisions of the State Sanitary Code In Massachusetts, the state Sanitary Code is the main law that gives tenants a right to decent housing. All rental housing must at least meet the state Sanitary Code. The Housing Code Checklist will help you protect your right to safe and decent housing. You can also use the state Sanitary Code to defend against an eviction because a tenant’s duty to pay rent is based on the landlord’s duty to keep the apartment in good condition. The Sanitary Code defines what is good condition. If you are facing an eviction for nonpayment of rent or a no-fault eviction, the checklist can help you prepare your case. A no-fault eviction is where a landlord is evicting a tenant who has done nothing wrong. If you can prove to a judge the landlord knew about the bad conditions before you stopped paying rent, the judge may not order you to move. A judge might order you to pay only some of the rent the landlord claims you owe. Or, the judge may order the landlord to pay you money because you lived with such bad conditions. The landlord may have to pay you even if the problems were fixed. The judge may also order the landlord to make repairs. The right column of the Housing Code Checklist refers to the law. In most cases, it is the Sanitary Code in the Code of Massachusetts Regulations (C.M.R.). See the Sanitary Code online: www.mass.gov/eohhs/docs/dph/regs/105cmr410.pdf. -
WHAT IS a LIEN? Your House Or Land
collect on the lien that was placed on I AM NO LONGER ON after debts are paid, any remaining WHAT IS A LIEN? your house or land. ASSISTANCE. HOW CAN I GET assets go to the proper people. RID OF THE LIEN ON MY This means that money from the sale For assets passing outside the probate goes to the State to pay off the OAA, PROPERTY? A lien is a document filed with the county process, the surviving owners or ANB, MEAD, or APTD assistance you beneficiaries will be sent a notice of the registry of deeds which alerts anyone received. You can make a voluntary payment to who wants to buy your house or land that the State in an amount equal to the Department’s claim. you have a debt against the property WHAT IF I OWN MY PROPERTY assistance provided. Upon receipt of the which must be paid when the home is WITH OTHER PEOPLE? payment, the State will remove the lien. WILL THE STATE FILE A sold or refinanced. CLAIM AGAINST MY ESTATE? If you receive OAA, ANB, or APTD cash Even if you no longer receive assistance, assistance and the property is jointly the State will only act upon the lien if you When probate is started for someone WILL THE STATE FILE sell or refinance your property, or die. owned with your spouse, when the who received OAA, ANB, MEAD, or A LIEN ON MY HOUSE? property is sold or refinanced the State APTD cash or medical assistance, the will collect on the full amount of the lien, WHAT IS AN ESTATE CLAIM? State may file a claim against the estate If you receive OAA, ANB, or APTD cash if the money from the sale is enough to for repayment of the assistance received.