Paralegal Certification (CP / CLA) Substantive Law: Family Law, Real Property, and Estate Planning Syllabus

What is fee simple absolute ownership?

The most complete form of land ownership: a present, freely transferable estate of potentially infinite duration with no conditions attached.

What is a life estate?

An ownership interest in property that lasts for the duration of a person's life; upon that person's death it passes to a remainderman or reverts to the grantor.

Distinguish a joint tenancy from a tenancy in common.

Joint tenancy includes a right of survivorship (a deceased owner's share passes automatically to surviving joint tenants) and requires the four unities. Tenancy in common has no survivorship; each owner's share passes through their estate and shares may be unequal.

What are the four unities required to create a joint tenancy?

Unity of time, title, interest, and possession (the owners take the same interest, by the same instrument, at the same time, with equal rights to possess the whole).

What is tenancy by the entirety?

A form of joint ownership available only to married couples featuring a right of survivorship; neither spouse can transfer their interest without the other's consent, and it offers protection from individual creditors.

What is an easement?

A nonpossessory right to use another person's land for a specific purpose, such as a right of way, without owning the land itself.

What is conveyancing?

The legal process of transferring title to real property from one party to another, including drafting and recording the deed and related documents.

What are the essential elements of a valid deed?

Identification of grantor and grantee, a granting clause showing intent to convey, an adequate property description, the grantor's signature, and delivery and acceptance.

Distinguish a general warranty deed from a quitclaim deed.

A general warranty deed guarantees clear title and protects the grantee against all title defects. A quitclaim deed transfers only whatever interest the grantor has, with no warranties of title.

What is a special (limited) warranty deed?

A deed in which the grantor warrants the title only against defects arising during the grantor's own period of ownership, not against defects predating it.

What is the purpose of recording a deed?

To give public/constructive notice of the ownership interest, establish priority among competing claims, and protect the buyer against later claims under recording acts.

In a real estate transaction, what is the difference between the executory period and closing?

The executory period is between signing the contract and closing, when contingencies (inspection, financing, title) are satisfied. Closing (settlement) is when the deed is delivered, funds change hands, and title transfers.

What is title insurance and whom does each policy protect?

Insurance protecting against losses from title defects. A lender's policy protects the mortgage lender; an owner's policy protects the buyer's equity interest.

What is a mortgage in a real estate transaction?

A security instrument by which a borrower pledges real property as collateral for a loan; if the borrower defaults, the lender may foreclose.

What is the implied warranty of habitability in landlord-tenant law?

An implied promise that a residential rental will be fit for human habitation and maintained in livable condition (working utilities, safe structure, sanitation) throughout the tenancy.

Distinguish a tenancy for years from a periodic tenancy.

A tenancy for years has a fixed start and end date and ends automatically. A periodic tenancy renews automatically for successive periods (e.g., month-to-month) until proper notice of termination is given.

What is a tenancy at sufferance?

When a tenant remains in possession after the lease has expired without the landlord's permission (a 'holdover'); the tenant can be evicted but may owe rent for the holdover period.

What is constructive eviction?

When a landlord's failure to maintain the premises makes them uninhabitable, forcing the tenant to leave; the tenant may then be relieved of the obligation to pay rent.

What is the legal process a landlord must use to remove a tenant?

A formal eviction (unlawful detainer) lawsuit; the landlord must give proper notice and obtain a court order, and may not use self-help such as changing locks or removing belongings.

What are the basic requirements for a valid will?

The testator must have testamentary capacity and intent, be of legal age, sign the will, and have it witnessed (typically by two competent witnesses) as required by state law.

What is a holographic will?

A will entirely or materially handwritten and signed by the testator, which in many states is valid even without witnesses.

What is a codicil?

A separate document that amends, adds to, or revokes part of an existing will and must be executed with the same formalities as a will.

What is a residuary clause in a will?

A clause that distributes the remainder of the estate not specifically given through other bequests, preventing property from passing by intestacy.

What is the difference between a testator dying testate versus intestate?

Testate means dying with a valid will directing distribution; intestate means dying without a valid will, so state intestacy statutes control distribution.

What is a trust and who are its three key parties?

A fiduciary arrangement holding property for beneficiaries. The settlor (grantor) creates it and funds it, the trustee manages the property, and the beneficiary receives the benefits.

Distinguish a revocable living trust from an irrevocable trust.

A revocable trust can be amended or revoked by the settlor during life and assets remain in the taxable estate; an irrevocable trust generally cannot be changed and removes assets from the settlor's estate for tax/creditor purposes.

What is the difference between a testamentary trust and an inter vivos trust?

A testamentary trust is created by a will and takes effect at the testator's death; an inter vivos (living) trust is created and effective during the settlor's lifetime.

How does intestate succession typically distribute property?

By statute to the decedent's heirs in order of priority, usually the surviving spouse and descendants first, then parents, then siblings and more remote relatives; if no heirs exist, property escheats to the state.

What is per stirpes distribution?

A method of distributing an estate by representation, where a deceased beneficiary's share passes equally to that person's descendants (by branch of the family).

What is the purpose of probate administration?

The court-supervised process of validating a will, appointing a personal representative, identifying and inventorying assets, paying debts and taxes, and distributing remaining property to beneficiaries or heirs.

What is the difference between a durable power of attorney and a living will (advance directive)?

A durable power of attorney authorizes an agent to make financial or medical decisions and remains effective if the principal becomes incapacitated; a living will is a written statement of a person's wishes regarding end-of-life medical treatment.