Common Intestacy Problems

Question 1

Simultaneous Death

Answer 1

USDA- property is disposed of as if he they had survived the other
Doesn’t apply if one survives even by mere minutes

Question 2

120 Hour Rule

Answer 2

A person survives the decedent by 120 hours in order to take any distributions of the decedent’s property

Question 3

Disclaimers

Answer 3

Disclaimed by benny-> passes as if party predeceased the decedent
Must be in writing; irrevocable; and filed within 9 months of decedent’s death or benny’s 21 b-day

Question 4

Advancement of Intestate share

Answer 4

lifetime gift to an heir with the intent that the gift be applied against any share the heir inherits from the donor’s estate

No presumption for this anymore unless shown to be so

UPC- only an advancement if it: 1) declared as such in contemporaneous writing by donor; 2) acknowledged as such in writing by the heir (need not be contemporaneous)

If advancement is found: deduct value from share (excess doesn’t need to be paid back)

Question 5

Testamentary gift

Answer 5

Gift that passes at the death of the donor

May be satisfied by an inter vivo gift if that is the intent of the testator

UPC- must be in will or in contemporaneous writing; or devise acknowledges it in writing