As part of the process of appointing the conservator or guardian of the person or estate, the court will give the proposed conservator or guardian the option of (a) a court investigator’s interview and visit, or (b) the completion of the questionnaire referred to as a “screening form.”

In a conservatorship proceeding, if requested, the court will consider whether the proposed conservatee has the ability to consent to a valid marriage.

No witnesses are required to execute a California statutory will.

Per capita at each generation distribution is the method of dividing an estate that allows a group of siblings to take shares to which their deceased parents would have been entitled had he/she lived.

A testamentary trust is created in a will.

The 2023 estate tax exemption is $12,920,000.00

An advance health care directive allows someone to name an agent to act on their behalf with respect to medical decisions.

A trust may be established either before or after death but is always irrevocable.

“No Contest” provisions discourage challenges to wills by penalizing the contesting person or beneficiary with disinheritance, or no gift, under the challenged will. if such person’s or beneficiary’s challenge is unsuccessful.

The federal estate tax is calculated based on the gross value of the decedent’s estate at the time of writing the will.

The trustor is not able to amend or change a revocable trust.

Power of attorney is a document in which one party appoints another party to represent the first party; generally used in financial transactions and two parties are involved, the principle and agent.

A person under the age 21 lacks testamentary capacity.

A will may be executed by any person over eighteen (18) years of age and of sound mind, meaning the person understands (1) the extent of his property and (2) the nature of his relationships sufficiently to evaluate them.

Under a will, a gift will lapse if the named beneficiary has predeceased the testator and there is no alternative beneficiary.

In addition to its use as an estate planning device, the living trust may also take the place of a guardianship for assets intended to benefit minor children.

The personal representative of a decedent’s estate has a fiduciary duty to act in the best interests of the estate and beneficiaries.

When a person dies without a will, it is termed that the decedent died intestate.

A joint bank account is an asset that indicates ownership of a corporation.

A deed is the document used to transfer title of real property.

Letter(s) is a court order signed by the judge and is a certified document that authorizes a personal representative to act on behalf of the estate.

The court clerk is the person appointed by the court to appraise an estate’s assets.

Jane was the only person to witness Jack’s will and she forcibly convinced him to leave her everything under the will or else she would stop providing him with medical care. In this situation there will be no legal grounds to contest the will by Jack’s two sons who were excluded in the will.

Beneficiaries under an earlier or later will have standing to file a will challenge on the grounds of undue influence, fraud and duress.

A bond is typically ordered by the probate court to ensure that the personal representative does his or her job and to protect beneficiaries in the event the personal representative handles the estate’s assets improperly.

A survival action is one that is started when the decedent is alive and then is continued after his or her death.

If a married couple acquires personal property, Microsoft stock, while residing outside of California, and then, subsequently, they move to and reside in California, the Microsoft stock will be characterized as quasi community property.

A guardian is the person appointed to administer a child’s estate, to take custody of a child, or both.

A change in a will is called an edit.

An executor is a personal representative of the estate for a decedent who died without a will.

A spendthrift trust limits a beneficiary access to their inherited assets and is usually created when the trustor has serious concerns about the spending habits, exposure to creditors or responsibilities level of the beneficiary.

Per stirpes by representation is also known as per capita by generation. The predeceased beneficiaries’ shares at the same generation are divided equally between their children. For example, when one beneficiary had two children, and the other beneficiary had five children, all children of the two beneficiaries get equal shares which means that two “shares” are divided into eight equal shares.

A limited conservatorship is one where the conservator’s powers are general and she or he can make decisions about the conservatee, finances and confidential records and papers.

The termination of a conservatorship occurs when the conservatee recovers her or his health.

The child’s grandparents are the only ones who have the right to nominate the guardian for the child.

A trustee is the person who manages the trust assets.

The trustor, settlor or grantor is the person who contributes property to the trust; the original legal owner of the property, who creates the trust.

The administration of a living trust following the death of the trustor will generally be handled outside of probate court.

A holographic will is in the testator’s handwriting, and when executed, requires the signature of witnesses who saw the testator sign the will.

Marco and Tammy are married and live in California. For seven years they saved a portion of their wages for the purchase of their first home. On May 2, 2023, the couple purchased the home with the saved wages as a downpayment of $350,000.00 and a purchase price of $900,000.00. The home is located in northeast Pasadena. The name on the deed is Marco and Tammy McClare as a married couple. the ownership of the home is characterized as community property.