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Law Outlines Oklahoma Bar Bundle Outlines

Wills Trusts Estates Bar Exam Outline

Updated Wills Trusts Estates Bar Exam Notes

Oklahoma Bar Bundle Outlines

Oklahoma Bar Bundle

Approximately 261 pages

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.