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Question 1
Ross died last month. His will designated his wife, Faye, as the executor, if she survived him. If not, his brother, Benjamin was to be the executor. Faye was still alive when Ross died, so she started the probate process. As part of the probate procedure in her state, she had to give notice to all interested parties. Her state follows which type of probate form:
Correct
Incorrect!
Correct Solemn form probate is a proceeding that requires notifying all interested parties. Here, since Faye had to give notice to all interested parties, her state follows the solemn form of probate.
Incorrect! Solemn form probate is a proceeding that requires notifying all interested parties. Here, since Faye had to give notice to all interested parties, her state follows the solemn form of probate.
Question 2
At the time of his death, Emilio lived in Boston, MA. He was a college professor at Boston University. During the summer, he usually vacationed at his summer home in rural Maine. Which probate court has jurisdiction over Emilio's estate?
Correct
Incorrect!
Correct
Incorrect!
Correct The county were the decedent was domiciled at the time of death is usually the proper state for the estate proceedings. Yet, if the decedent owns real property in another state, a probate proceeding must take place in that jurisdiction to distribute that property. Here, Emilio's main residence was in Massachusetts. As such, that will be the primary location for the estate proceedings. In addition, since he owned a home in Maine, there will also need to be an ancillary probate proceeding there to distribute the Maine home.
Incorrect! The county were the decedent was domiciled at the time of death is usually the proper state for the estate proceedings. Yet, if the decedent owns real property in another state, a probate proceeding must take place in that jurisdiction to distribute that property. Here, Emilio's main residence was in Massachusetts. As such, that will be the primary location for the estate proceedings. In addition, since he owned a home in Maine, there will also need to be an ancillary probate proceeding there to distribute the Maine home.
Question 3
At the time of his death, Emilio lived in Washington, D.C. He was a part-time college professor at American University in Washington, D.C. and also taught part-time at the University of Virginia. He also had a home in Virginia. His wife lived with him in Virginia, where she was an administrator at the University of Virginia. Where is Emilio's domicile for probate purposes?
Correct Typically, someone only has one domicile. This location is the person's usual and permanent home. It is the location the person intends to return to after temporary absences. Here, although Emilio had residences in both the District of Columbia and Virginia, he lived with his family (his wife) in Virginia, where she worked 100% of the time. As such, in weighing the two locations, more weight would be given to Virginia, thereby making it Emilio's domicile for probate purposes.
Incorrect! Typically, someone only has one domicile. This location is the person's usual and permanent home. It is the location the person intends to return to after temporary absences. Here, although Emilio had residences in both the District of Columbia and Virginia, he lived with his family (his wife) in Virginia, where she worked 100% of the time. As such, in weighing the two locations, more weight would be given to Virginia, thereby making it Emilio's domicile for probate purposes.