Intestacy Flashcards
Uniform Simultaneous Death Act
UPC - an heir must be proven by clear and convincing evidence to have survived the decedent by 120 hours to take.
Who is qualified to take as a spouse?
A legally married partner and not just a co-habitator.
How much does the surviving spouse receive: [Spouse + shared descendants]
Spouse receives the entire estate
How much does the spouse receive: [spouse + parent]
$300,000 + 75%
How much does the spouse take when:[spouse + shared descendants + spouse’s kids]
$225,000 + 50%
How much does the spouse take when: [spouse + non-spousal kids]
$150,000 + 50%
Survived by just spouse - how much does the spouse take?
Spouse gets everything
What happens to property if the decedent dies without heirs?
The property escheats to the state.
Who qualifies as issue?
Any child w/ a parent-child relationship; biological & adoption.
Can posthumously born children be considered issue?
Yes: Under the majority rule, if a child is born w/in 280 days of the husband’s death, there is a rebuttable presumption that the child is issue.
Under the UPA if the child is born w/in 300 days of the husband’s death, there is a rebuttable presumption that the child is issue.
What is per stirpes division?
- Shares divided equally at the first lineal line regardless of whether anyone survived.
- Then divide by representation.
What is per capita with representation?
- Divide the property equally at the first generation with a surviving member.
- The share of any deceased member of that generation drops down is split equally and is split equally amongst the deceased survivors.
Per capita at each generation
UPC
- Divide property at first generation w/ a surviving member.
- Pool the remaining shares and split equally at each remaining generation.
May you disinherit a child?
Under the UPC, yes.
Must be done by a properly executed will and the disinherited child is treated as being predeceased.
