Wills VA Bar Exam (100% Verified)
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 be a residual
or substantial beneficiary under the will, and if they decline or don't apply w/in 30 days, court
will appoint.
Administrator DBN correct answers Successor to an administrator who is removed or withdraws
Administrator CTA DBN correct answers Replacement for an executor or administrator CTA
Slayer Statute correct answers 1. Murder or manslaughter
2. Conviction or court determination that committed by POE
3. Burden on proof on party seeking to disinherrit
4. Applies to intestacy, wills, non-probate transfers
5. Slayer "predeceased" victim but slayer's children can inherit (anti-lapse)
Disclaimer correct answers Must be:
1. Signed and in writing
2. Declare act of disclaiming
3. Describe disclaimed property AND
4. Delivered to exec/admin of estate
Family Allowance correct answers Surviving spouse + minor children obligated to support
Reasonableness standard
No court approval needed for up to $24k or $2k/month/1yr
PRIORITY over all other claims, even creditors
Exempt Property correct answers Surviving spouse or kids if no spouse
Up to $20k in: household items, cars, furnishings, appliances
Can take w/o subject to claims of gen creditors
Homestead Allowance correct answers Surviving spouse, kids if no spouse
$20k cash
In lieu of inheritance by will or intestate succession
Decedents dying before 1/1/17, surviving spouse must choose either elective share OR
homestead allowance. After, can claim both.
, Elective Share protects correct answers Spouses against disinheritance (not children against
intentional disinheritance)
Elective share includes correct answers Probate and non-probate property of the decedent. It is
1/2 the value of the marital property portion of the augmented estate.
Augmented Estate includes correct answers 1. Net probate estate (minus funeral/admin expenses,
homestead, family allowances, exempt prop, enforceable claims)
2. Prop decedent transferred to 3Ps outside probate
3. Prop decedent transferred to surviving spouse outside probate
4. Prop surviving spouse owns or transferred to 3Ps
Marital Property portion of augmented estate correct answers Sliding scale (3% at marriage,
100% after 15 years)
When and how must surviving spouse claim elective share? correct answers Must make election
in writing within 6 months of admission of will to probate OR qualification of admin in intestacy
VA law applies to any property of VA domiciliary situated ________. VA law does not apply to
elective share claims of __________ who own prop in VA. correct answers anywhere; out-of-
state claimants
If decedent dies intestate, surviving spouse receives ________ if decedent has children/other
descends outside the marriage, and in all other cases ________. correct answers 1/3; 100%
If surviving spouse willfully deserted intestate decedent, surviving spouse's claim is ________. If
surviving spouse was willfully deserted by intestate decedent, surviving spouse's claim is
_________. correct answers void;valid
Hierarchy of inheritance if decedent dies intestate: correct answers Surviving spouse,
descendants, parents, descendants of parents (siblings, nieces, nephews), grandparents,
descendants of grandparents (uncles, aunts, cousins), kin of decedent's deceased spouse, escheat.
When there is disclaimer, the disclaiming person is treating as having ______. correct answers
predeceased the decedent
Half-blood receives ______ the share of a full-blood if the half-blood is a sibling (not an ancestor
or descendant). correct answers half
Substantial gifts made to heir during life are called ________ and do or do not count toward their
inheritance? correct answers advancements; DO (if circumstances are clear that testator intended
advancement. Not required to be in writing)
Hotchpot correct answers Advancements given during life offset what the heir would have
received in intestacy.
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 be a residual
or substantial beneficiary under the will, and if they decline or don't apply w/in 30 days, court
will appoint.
Administrator DBN correct answers Successor to an administrator who is removed or withdraws
Administrator CTA DBN correct answers Replacement for an executor or administrator CTA
Slayer Statute correct answers 1. Murder or manslaughter
2. Conviction or court determination that committed by POE
3. Burden on proof on party seeking to disinherrit
4. Applies to intestacy, wills, non-probate transfers
5. Slayer "predeceased" victim but slayer's children can inherit (anti-lapse)
Disclaimer correct answers Must be:
1. Signed and in writing
2. Declare act of disclaiming
3. Describe disclaimed property AND
4. Delivered to exec/admin of estate
Family Allowance correct answers Surviving spouse + minor children obligated to support
Reasonableness standard
No court approval needed for up to $24k or $2k/month/1yr
PRIORITY over all other claims, even creditors
Exempt Property correct answers Surviving spouse or kids if no spouse
Up to $20k in: household items, cars, furnishings, appliances
Can take w/o subject to claims of gen creditors
Homestead Allowance correct answers Surviving spouse, kids if no spouse
$20k cash
In lieu of inheritance by will or intestate succession
Decedents dying before 1/1/17, surviving spouse must choose either elective share OR
homestead allowance. After, can claim both.
, Elective Share protects correct answers Spouses against disinheritance (not children against
intentional disinheritance)
Elective share includes correct answers Probate and non-probate property of the decedent. It is
1/2 the value of the marital property portion of the augmented estate.
Augmented Estate includes correct answers 1. Net probate estate (minus funeral/admin expenses,
homestead, family allowances, exempt prop, enforceable claims)
2. Prop decedent transferred to 3Ps outside probate
3. Prop decedent transferred to surviving spouse outside probate
4. Prop surviving spouse owns or transferred to 3Ps
Marital Property portion of augmented estate correct answers Sliding scale (3% at marriage,
100% after 15 years)
When and how must surviving spouse claim elective share? correct answers Must make election
in writing within 6 months of admission of will to probate OR qualification of admin in intestacy
VA law applies to any property of VA domiciliary situated ________. VA law does not apply to
elective share claims of __________ who own prop in VA. correct answers anywhere; out-of-
state claimants
If decedent dies intestate, surviving spouse receives ________ if decedent has children/other
descends outside the marriage, and in all other cases ________. correct answers 1/3; 100%
If surviving spouse willfully deserted intestate decedent, surviving spouse's claim is ________. If
surviving spouse was willfully deserted by intestate decedent, surviving spouse's claim is
_________. correct answers void;valid
Hierarchy of inheritance if decedent dies intestate: correct answers Surviving spouse,
descendants, parents, descendants of parents (siblings, nieces, nephews), grandparents,
descendants of grandparents (uncles, aunts, cousins), kin of decedent's deceased spouse, escheat.
When there is disclaimer, the disclaiming person is treating as having ______. correct answers
predeceased the decedent
Half-blood receives ______ the share of a full-blood if the half-blood is a sibling (not an ancestor
or descendant). correct answers half
Substantial gifts made to heir during life are called ________ and do or do not count toward their
inheritance? correct answers advancements; DO (if circumstances are clear that testator intended
advancement. Not required to be in writing)
Hotchpot correct answers Advancements given during life offset what the heir would have
received in intestacy.
