Wills Trusts and Estates Flashcards
7 cards from real OK BAR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Wills Trusts and Estates flashcards as text
To contest a will for undue influence in Oklahoma, the contestant must generally show:
Answer: Influence that overcame the testator's free will so the will reflects the influencer's wishes
Undue influence requires coercion that destroys the testator's free agency, substituting another's intent for the testator's own.
Which circumstance typically raises a presumption of undue influence?
Answer: A confidential relationship plus active participation by a substantially benefited beneficiary in procuring the will
A presumption arises when a person in a confidential relationship actively procures a will from which they substantially benefit.
The standard for testamentary capacity requires the testator to understand all of the following EXCEPT:
Answer: The precise legal terminology used in the will
Capacity requires understanding the act, one's property, and one's relations, not comprehension of legal jargon.
A decedent's payable-on-death bank account, joint tenancy real estate, and life insurance proceeds share what characteristic?
Answer: They pass outside probate as nonprobate transfers
POD accounts, joint tenancy survivorship property, and life insurance pass by contract or operation of law outside the probate estate.
In Oklahoma, a surviving spouse who is dissatisfied with the will may elect to take:
Answer: An undivided one-half interest in property acquired by the joint industry of the spouses during marriage
Oklahoma's forced-share statute lets a surviving spouse elect against the will to take half of the jointly acquired marital property.
An adopted child in Oklahoma inherits from her adoptive parents:
Answer: The same as a biological child
Adoption places the child in the same inheritance position as a natural-born child of the adoptive parents.
A personal representative in an Oklahoma probate breaches her fiduciary duty by:
Answer: Using estate funds to pay her personal debts
Commingling or using estate assets for personal benefit is self-dealing and a clear breach of fiduciary duty.