Law Outlines Oklahoma Bar Bundle Outlines
I entirely handwrote my notes for each subject of the bar exam and then used my notes to create my outlines for each subject. I passed the exam in 2012 on the first attempt. ...
The following is a more accessible plain text extract of the PDF sample above, taken from our Oklahoma Bar Bundle Outlines. Due to the challenges of extracting text from PDFs, it will have odd formatting:
Wills Trusts Estates
INTESTACY
Apply when die w/o a will: total intestacy
Apply when have valid will but it doesn’t dispose of ALL of the decedent's property: partial intestacy
Property remaining after intestate's debts & taxes are paid passes to intestate's heirs
Intent of decedent does not matter.
It like a state created estate plan
Applicable Law
Marital Rights- Who owns property before death?
Law of domicile @ time of property acquired
Rights do not change as couple moves from 1 state to another
Succession Rights-- Which state's intestacy law applies?
Personal Property= Intestate's domicile at death
Real Property= situs of property
Share of Surviving Spouse
Distribution depends on the type of family members who outlive the deceased spouse
No Descendants (children, grandchildren, etc.), no parent, and no sibling
Surviving Spouse gets
ALL
No descendants but at least one parent or sibling
Surviving Spouse Gets
All Joint Industry Property; and
1/3 of non-joint industry property
Descendants, all of whom are descendants of the Surviving Spouse
Surviving spouse gets
1/2 of entire estate
Descendants, but at least 1 is not a descendant of the surviving spouse (survivor's step kid)
Surviving Spouse gets
1/2 of joint industry property, and
A share of the non-joint industry property as if surviving spouse were a child
Only a surviving spouse if legally married (no common law, or same sex)
Rest of Estate
Following rules govern distribution of:
All property of unmarried person and property of married person that doesn’t go to spouse
Descendants
ALL to descendants PER CAPITAL W/ REPRESENTATION
Divide into shares at 1st generation w/ survivors (ignore a generation that’s all dead)
Create one share for each member of that generation who is alive & one share for each member of that generation who died first but is survived by descendants who outlive the intestate
Give one share to each surviving member
Divide the share of a deceased surviving member among his/her descendants in same manner
No Descendants but At Least 1 Parent
1/2 to each parent, or
ALL to surviving parent
No Descendants and No Parents
All to siblings and their descendants, per capita w/ representation (like first example)
No Descendants, no parents, no siblings or their descendants
1/2 to paternal grandparents & down to aunts/uncles/cousins with the other half to the maternal grandparents & down to aunts/uncles/cousins
If 1 side of family has died out, surviving side takes all
No Descendants, no parents, no siblings or their descendants, no grandparents or their descendants
Next of kin
No Next of Kin
Escheat to government for support of Public Schools.
Treatment of Various Types of Individuals
Adopted Individuals (TESTED)
Inheritance Rights of Adopted Kid
Vis-a-vis Adoptive Parents
Adopted kid DOES inherit from & through parents by adoption & their kin
Vis-a-vis Biological Parents
Adopted kid DOES inherit from & through bio parents
Inheritance Rights of Adoptive Parents
Parents by adoption DO inherit from and through adopted kid
Inheritance rights of Bio Parents
Bio parents DO NOT inherit from adopted kid
Adoption by Estoppel/Equitable Adoption
Unperformed agreement to adopt may give rise to equitable adoption
Relinquishment of parental rights in divorce decree DOES NOT impact ability of adopted kid to inherit
Non-Marital Kids
Vis-a-Vis Mom
Kid takes from & through Mom
Vis-a-Vis Father
Child takes from & through the father only if one of the following shown:
Written & witnessed acknowledgment of paternity
Father marries mom after kids birth AND acknowledges or adopts kid
Father publicly acknowledges kids as own, OR
Court determination of paternity DURING dad's life
Upon Non-Marital Kids Death
All of kid's property to (or through) mother unless father acknowledged or adopted kid
Half-Blooded Heirs (OK issue)
Ancestral Property
Ancestral property, that is, prop the intestate acquired by gift, devise or inheritance, passes to WHOLE blooded relatives
Non-Ancestral Property
No special treatment
Posthumous Child
Kid conceived before but born after death of parent is treated as living at death of parent
Heir Killing Intestate
If Murder in 1st, Murder in 2nd, Manslaughter in 1st:
Heir treated as dying first
Other Intestacy Issues
Advancements
Irrevocable gift intended by donor as prepayment of inheritance to a lineal descendant
Proof of Advancement
Evidence of the advancement must be in writing
In the advancement gift or grant
In writing by intestate
Acknowledged in a writing by heir
Effect
Advancee must account for it
Compute shares as if advancement were still in estate based on value at advancement date or what intestate placed as value
And then just subtract the amount of the advancement (will end up getting equal)
If share greater than advancement
No debt created so don't need put $ back into estate
So can distribute w/o considering the advancement amount and the advancee as an heir (but the process is optional)
If advancee predeceases advancer?
Advancee's kids are charged w/ the advancement
Survival
Mere instant sufficient to an heir or will beneficiary
Disclaimers
An heir (or beneficiary) cannot be forced to accept inheritance or gift under a will
Must be written, acknowledged before notary, timely filed (9 months from death)
Disclaimed prop passes as if disclaimant predeceased
Disclaimant cannot redirect gift
Irrevocable
Cant disclaim to avoid creditors
Negative Wills Not Allowed
You cannot disinherit an...
Buy the full version of these notes or essay plans and more in our Oklahoma Bar Bundle Outlines.
I entirely handwrote my notes for each subject of the bar exam and then used my notes to create my outlines for each subject. I passed the exam in 2012 on the first attempt. ...
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