Intestacy Flashcards
(20 cards)
What does it mean to die “intestate?”
Either died:
- without a will;
- the will/trust failed;
- not all of the estate is disposed of by will
How does FL distribute property in intestacy (per stirpes or per capita)?
FL distributes per stirpes
What is the difference between per stirpes & per capita?
- per stirpes = begins @ the 1st generational line
- per capita = begins @ the 1st living line
What is the intestate share of the surviving spouse if there are no descendants?
the entire estate
What is the intestate share of the surviving spouse (SS) if there are only children from the SS and decedent?
the entire estate
What is the intestate share of the SS if either party had children outside of their relationship?
1/2 of the estate
What effect does a divorce have on surviving spouse’s share?
Divorce cuts off a surviving spouse’s rights - marriage must exist @ the time of decedent’s death
May a surviving spouse who is legally separated from the decedent still inherit?
Yes
What is the protocol for intestate distribution for heirs other than the surviving spouse? (6 steps)
1) down to descendants;
2) up to parents;
3) sideways to siblings;
4) up up to grandparents;
5) last deceased spouse;
6) escheat to State.
May adopted children inherit from their adoptive parents?
Yes - adopted children are treated like natural children
May stepchildren or foster children inherit?
No - stepchildren and foster children have no inheritance rights
What is a posthumous child? May they inherit from their deceased parent?
- One who is conceived, the parent died, and then was born
- yes, they inherit as if they were born before the parent’s death
May nonmarital children inherit from their mother?
Yes - they are assumed to be the child of their mother in all cases
May nonmarital children inherit from their father?
Only if:
- natural parents get married;
- Court establishes paternity;
- father acknowledges in writing.
May half-blood relatives inherit?
Yes, but only:
- from collateral kin (half-siblings);
- 1/2 as much as full siblings.
What is the Simultaneous Death Rule in FL?
If there is insufficient evidence to determine the order of death, proceed as if the beneficiary died before the decedent.
What are the requirements for a disclaimer?
1) in writing;
2) signed;
3) witnessed/notarized;
4) delivered.
When can you not make a disclaimer?
if you:
1) accept the property/benefits;
2) use property as collateral;
3) sell via court proceeding; OR
4) *are insolvent.
What is a slayer statute?
A beneficiary in a will cannot collect if they cause the decedent’s death.
What are the requirements to make an advancement in FL?
Must be:
1) in writing;
2) intended by the D to be adv.;
3) valued @ the time it is made.
