The Los Angeles
County Bar Association certifies that this activity has been approved
for Minimum Continuing Legal Education credit by the State Bar of California
in the amount of 1 hour. To apply for credit, please follow the instructions.
1. Study the
2. Answer the test questions by marking the appropriate boxes. Each
question has only one answer.
3. Photocopies of this answer sheet may be submitted; however, this
form should not be enlarged or reduced. Mail the answer sheet and the
$15 testing fee ($20 for non-LACBA members) to:
Make checks payable
to Los Angeles Lawyer.
4. You can also fill in the test form and submit it directly to LACBA
by clicking "Submit." To submit your test answers online you will need
to pay by credit card. After submitting your answers you will be presented
with a screen requesting payment information. This information will
be submitted in a secure mode which will allow you to safely transmit
your credit card number over the Internet. If you prefer not to pay
by credit card, please print this answer sheet and submit your responses
by regular mail.
5. Within six weeks, Los Angeles Lawyer will return your test with the
correct answers, a rationale for the correct answers, and a certificate
verifying the CLE credit you earned through this self-assessment activity.
6. For future reference, please retain the CLE test materials returned
1. Claims for punitive
damages die with a defendant.
2. Claims for pain
and suffering damages die with a plaintiff.
3. Emotional distress
damages do not die with a plaintiff.
4. In order to continue
a lawsuit against a decedent, the plaintiff must file a motion with
the court in which the probate proceeding is pending to substitute in
either the personal representative of the decedent's estate or the successor
5. The filing of
a creditor's claim puts the personal representative of the decedent's
estate and the probate court on notice within a reasonable period of
a plaintiff's claim against the estate.
6. If a claim is
based in contract or tort and does not involve a tendered claim to an
insurer seeking payment within the policy limits, a plaintiff must comply
with the creditor's claim procedures prior to continuing with an action
against a decedent.
7. If the personal
representative does nothing to respond to a creditor's claim, the creditor
cannot deem the claim rejected until the 45th day after it was filed.
8. If a creditor
files a creditor's claim before initiating a lawsuit against the decedent's
estate, and the creditor's claim is rejected, the creditor must file
suit against the personal representative of the decedent's estate within
three months from the date of rejection.
9. An absolute one-year
statute of limitations exists from the date of death for filing any
type of claim against a decedent's estate other than a tendered claim
to an insurer seeking payment within the policy limits.
10. The one-year
statute of limitations is tolled by the filing of a creditor's claim.
11. The California
Legislature set short time periods for filing claims against a decedent's
estate to "effectuate the strong policy of expeditious and final estate
12. A creditor is
not an interested person authorized to commence a probate proceeding
for the administration of a decedent's estate.
13. A creditor is
not required to comply with the creditor's claim process prior to suing
a decedent's estate.
14. Once a plaintiff
files suit against the personal representative of a decedent's estate,
the plaintiff must either file a notice of pendency of the action in
the probate proceeding or personally serve a summons and complaint on
the personal representative.
15. If a plaintiff
who has sued the decedent's estate through the personal representative
fails to either personally serve the personal representative with the
summons and complaint or fails to file a notice of pendency of the action
in the probate proceeding, and funds are distributed from the estate,
the plaintiff can seek recovery of those funds.
16. A beneficiary
of the decedent's estate is a successor in interest.
17. If a personal
representative of a decedent's estate has been appointed, only the personal
representative has standing to pursue litigation on behalf of the decedent.
18. A personal representative
never has longer than six months in which to commence an action on behalf
of the decedent.
19. The legislature
has developed a trust claim procedure similar to the procedure for decedents'
20. If a probate
proceeding has been initiated, a trustee is prohibited from initiating
the trust claim procedure.
After submitting your answers you will be asked to enter your name,
address, and payment information on the next screen. Once you have submitted
the current form, you will be switched to a secure mode which will allow
you to safely transmit your credit card number over the Internet.
If you do not wish
to complete this transaction over the Internet you should print this
page and send it to the address listed in Step 3 of the instructions
at the top of this page.
Before clicking the "Submit" button please verify that all questions
have been answered. An error message will appear if not all questions
*The Los Angeles
County Bar Association has been approved as a continuing legal education
provider of Minimum Continuing Legal Education credit by The State Bar
of California. This self-assessment activity will qualify for Minimum
Continuing Legal Education credit by The State Bar of California in
the amount of one hour.