List the different types of personal representatives.
What will be an ideal response?
A personal representative or executor is a person named to administer the decedent’s estate, which may be a surviving spouse, and adult child of the decedent, a next of kin, a friend, or a corporation. An administrator is a court appointed representative when the decedent hadn’t executed a will prior to death. A successor personal representative is an alternative to the personal representative named by the testator in the event that the first choice cannot serve or is unwilling to serve as a personal representative. Administrator cum testament annexo occurs with the will annexed. A special administrator is appointed in an emergency situation and is appointed only for the time it takes to complete the regular appointment process and only for a special purpose. An administrator pendent lite is appointed when there is a will contest, and it is believed that the personal representative should not handle the administration of the estate pending the suit. An administrator ad litem is appointed for lawsuits other than a will contest and the personal representative has not yet been appointed.
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?Which of the following is true about state constitutions?
A. ?Some states do not have constitutions. B. ?The Tenth Amendment preserves powers to the federal government. C. ?State constitutions are always supreme within the state's borders. D. ?Unless in conflict with the U.S. Constitution, a state constitution is supreme within the state's borders.
When a defendant personally appears in court, this may be construed as submission to jurisdiction, but the defendant may enter a _______ solely for the purpose of contesting personal jurisdiction.?
A. ?waiver of jurisdiction B. ?special appearance C. ?denial D. ?stipulation
If a persona fails to properly administer the decedent’s estate, he or she may be:
a. Liable to the beneficiaries or heirs for his or her mistakes b. Has no legal consequence c. Able to quit the position d. Yelled at
One way to challenge or attack a legal position or argument based on a statute is to show that the different statute being relied on as a guide to interpret the applicable statute applies to such functionally different fact situations from the fact situation of the client's case that it cannot be used as a guide to interpret the statute being analyzed.
Answer the following statement true (T) or false (F)