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A specific or general devise that fails for any reason becom…

A specific or general devise that fails for any reason becomes part of the _______________ of the estate.

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So long as he or she is fit to serve, the probate court will…

So long as he or she is fit to serve, the probate court will issue letters testamentary to the person named as executor in the will.

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A person who has been absent from the place of his or her do…

A person who has been absent from the place of his or her domicile for more than five (5) years without explanation is presumed to be _____________.

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A child born or adopted after the execution of a will (after…

A child born or adopted after the execution of a will (afterborn) for whom the testator accidentally has not provided by will is known as a ______________  child.  This term is analogous to the similarly-situated spouse, who is known as an omitted spouse.

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John dies with a will leaving some property to his son Ralph…

John dies with a will leaving some property to his son Ralph.  Ralph passes away seven (7) days later from the shock and grief of his father’s unexpected death.  Ralph leaves three children.  In settling John’s estate, which of the following statements is correct? 

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If there is a conflict between the testator’s intention as e…

If there is a conflict between the testator’s intention as expressed in a will and the rules of construction in the Code, the testator’s intention controls the legal effect of the will provision in question.

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Civil actions against executors or administrators in their r…

Civil actions against executors or administrators in their representative character may be filed in the county where their letters were granted.

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The Code provides that the state may recover from “any perso…

The Code provides that the state may recover from “any person” property which should have escheated.  This is somewhat unusual, because it means there is no protection for _______________ ______________ purchasers.

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All leases normally have to be in writing to be enforceable.

All leases normally have to be in writing to be enforceable.

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An executor or administrator is not liable for assets which…

An executor or administrator is not liable for assets which have not “come to his hands” even if the assets were lost due to the executor or administrator’s want of diligence or abuse of trust.

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