Intestate Succession

Question 1

Community property

Answer 1

Surviving spouse gets half

Question 2

quasi community property

Answer 2

surviving spouse gets half

Question 3

Separate property and the spouse

Answer 3

If decedent leaves no issue, parents, siblings, or issue of deceased sibling, spouse gets ALL
If decedent is survived by 1 child or issue of predeceased child, spouse gets 1/2 of quasi
If decedent survived by 2 OR MORE, spouse gets 1/3
If decedent is survived by no issue but has parents, they get half

Question 4

Intestate Scheme:

Answer 4

Issue, Parents, Parents Issue, Grandparents, Grandparents Issue, etc.

Question 5

Per Capita distribution/Representation

Answer 5

Each Issue takes their per capita
More remote degree each take per capita with representation
Make first distribution with any SURVIVORS first

Question 6

Per Stirpes

Answer 6

Make first distribution at FIRST POSSIBLE LEVEL OF ISSUE. Must be express in the will to have a per stirpes distribution

Question 7

Step-Children/Foster kids

Answer 7

Considered child if: 1) relationship started during child’s minority 2)continued throughout both lives 3) established by CLEAR AND CONVINCING evidence parent would’ve adopted but for legal barrier

Question 8

Equitable adoption/adoption by estoppel

Answer 8

Parties hold themselves out as parent/child

Question 9

Non-Marital children

Answer 9

If born during the partnership, or if partnership formed AFTER birth AND other partner is on birth certificate OR non-birthing partner makes voluntary promise to pay child support(or court order)

Question 10

Half blood

Answer 10

same as full blood

Question 11

Rule of lapse

Answer 11

If beneficiary dies first, gift lapses and goes to residue or if none intestacy succession

Question 12

Anti-Lapse statute

Answer 12

If beneficiary leaves issue and that beneficiary is KINDRED (BLOOD RELATED) then lapse does not apply and goes to issue. 
Applies to wills AND revocable trusts, AND class gifts (like TO ALL MY KIDS)

Question 13

Simultaneous death - testator and devisee

Answer 13

You assume Devisee died first, so gift either lapses or anti-lapse statute applies

Question 14

Simultaneous death - joint tenants

Answer 14

sever joint tenancy half goes to A’s estate, half to B’s

Question 15

Simultaneous death - spouse/domestic partners

Answer 15

half community prop and quasi distributed to one estate, the other half to the other estate

Question 16

Simultaneous death - insurance policy and beneficiary dies too

Answer 16

If no alternative beneficiary, proceeds paid to insured’s estate and beneficiary is deemed to have died first UNLESS premiums were paid by the beneficiary b/c they were spouses/domestic partners then half goes to testator, half to beneficiary

Question 17

Intestate heir and ____ rule

Answer 17

120 hours, for any heir to take, must survive testator by 120 hours if not heirs are determined intestate.

Question 18

cash gifts taking increased cash

Answer 18

You only get increased of your cash gift if it is interest for cash not received within 1 year.

Question 19

Abatement; its order

Answer 19

process by which gifts are decreased, happens when you have to pay for unaccounted for children. 1) start with property that does not pass through the will (residue) then to ALL beneficiaries abate equally. SPECIAL GIFT CAN BE EXEMPTED IF IT WAS INTENT OF TESTATOR TO GIVE THAT GIFT TO X.

Question 20

Order to pay off general debts of decedent:

Answer 20

[i] intestate property; [ii] residuary gifts; [iii] general gifts to non-relatives; [iv] general gifts to relatives; [v] specific gifts to non-relatives; [vi] specific gifts to relatives.

Question 21

Exoneration

Answer 21

debt gets extinguished: Common law rule is if they pass on encumbered land (with mortgage) estate pays off the mortgage then it is gifted, CALIFORNIA = you take with encumbrance unless Will says it should be exonerated

Question 22

Gift causa mortis

Answer 22

Gift provided believing in imminent death, only personal property.
Delivery = actual, symbolic (writing evidencing ownership), constructive (key that unlocks a room), modern = donor has tried everything to effectuate delivery
IF DONOR SURVIVES, GIFT IS REVOKED