Intestacy

Question 1

Chelsea dies, leaving behind a mansion and $10 million. Her last will and testament provides that $2 million should be given to her son, while $1 million should be given to her best friend.

What should be included in Chelsea’s intestate estate?

Answer 1

Here, Chelsea has disposed of a total of $3 million in her last will and testament, leaving the mansion and $7 million in her intestate estate.

Remember that an intestate estate consists of any money and property not disposed of by the decedent’s last will and testament.

Question 2

An heir who fails to survive a decedent by 150 hours may not inherit from the intestate estate.

Answer 2

False.

under the survival requirement, an heir who fails to survive a decedent by 120 hours may not inherit from the intestate estate.

Question 3

Hamlet poisons a goblet of wine intended for his uncle Claudius. However, his mother Gertrude accidentally drinks the poisoned wine and dies. Enraged, Hamlet stabs Claudius to death. A jury convicts Hamlet for the murder of Claudius, but not for the murder of Gertrude.

May Hamlet inherit a share of Gertrude’s intestate estate?

Answer 3

Yes, if the probate court finds that he did not wrongfully kill Gertrude.

No, if the probate court finds that he wrongfully killed Gertrude.

Remember that the slayer rule prevents an heir who feloniously and intentionally kills a decedent from inheriting a share of the intestate estate.

The individual must either be convicted for the wrongful killing of the decedent or found by the probate court to be criminally accountable for the wrongful killing of the decedent. (PREPONDERANCE OF EVIDENCE)

Here, Hamlet has not been convicted for the murder of Gertrude. However, under the slayer rule, he may not inherit a share of her intestate estate if he is found by the probate court to have wrongfully killed Gertrude.

Question 4

Hamlet poisons a goblet of wine intended for his uncle Claudius. However, his mother Gertrude accidentally drinks the poisoned wine and dies. Enraged, Hamlet stabs Claudius to death. A jury convicts Hamlet for the murder of Claudius, but not for the murder of Gertrude.

Hamlet dies as a resident of the state of New York and is survived only by his brother Ronald and his girlfriend Ophelia. However, Ronald refuses to take a share of Hamlet’s intestate estate. Who may take a share of Hamlet’s intestate estate?

Answer 4

New York.

Remember that an intestate state may only be inherited by a decedent’s spouse or relatives. An heir may disclaim or refuse a share of the intestate estate to be treated as predeceasing the decedent. If there are no takers, then the intestate estate passes to the state under the doctrine of escheat. Here, Ronald is the only person who may inherit a share of Hamlet’s intestate estate, as Ophelia is neither a spouse nor a relative. However, Ronald has disclaimed his share of the intestate estate. Thus, Hamlet’s intestate estate passes to the state of New York.

Question 5

Joe dies, leaving behind an intestate estate of $30 million. Under state law, 1/3 of his intestate estate should be distributed to his wife, Jane, while the remaining 2/3 should be divided equally between his son, Bobby, and his daughter, Chelsea. When Joe was alive, he made several gifts to his family, giving $20 million to Jane, $10 million to Bobby, and $30 million to Chelsea. After his death, Jane and Bobby acknowledged in writing that their gifts were advancements of their shares of Joe’s intestate estate.

How much does each family member inherit from Joe’s intestate estate?

Answer 5

$10 million to Bobby; $20 million to Chelsea.

Remember that an inter vivos gift made by the decedent to his heir is treated as an advancement against that heir’s share of the intestate estate, if the heir has acknowledged the advancement in writing at any time. Under the hotchpot method, all advancements are added to the intestate estate, resulting in a hotchpot estate that should be divided accordingly. If the heir’s advancement is greater than or equal to her share, then she does not inherit from the intestate estate. See id. Her advancement is disregarded, and the hotchpot estate is recalculated. If the heir’s advancement is less than her share, then her advancement is subtracted from her share.

Here, Jane and Bobby acknowledged their advancements in writing, while Chelsea did not. Only Jane’s and Bobby’s gifts ($20 million and $10 million) are added to Joe’s intestate estate ($30 million), resulting in a hotchpot estate of $60 million. Dividing the hotchpot estate according to state law would mean that Jane receives 1/3 ($20 million), Bobby receives 1/3 ($20 million), and Chelsea receives 1/3 ($20 million). Because Jane’s advancement is equal to her intestate share, her advancement is disregarded and her share eliminated. The hotchpot estate is now recalculated, adding only Bobby’s gift ($10 million) to the intestate estate ($30 million), resulting in $40 million. When the hotchpot estate is divided according to state law, Bobby receives 1/2 ($20 million) and Chelsea receives 1/2 ($20 million). Because Bobby’s advancement is less than his intestate share, his advancement ($10 million) is subtracted from his share ($20 million), for a total of $10 million. Bobby inherits $10 million, and Chelsea inherits $20 million.

Question 6

What is the law of intestacy?

Answer 6

Without a will, an estate is distributed to heirs under the law of intestacy.

Any part of decedent’s estate not effectively disposed of by will passes through intestate succession.

Question 7

Henry and Catherine have been married for ten years when Henry discovers that Catherine has been having an affair. Later, Henry dies, leaving behind a substantial intestate estate.

What at the time of Henry’s death, would prevent Catherine from inheriting a share of his intestate estate?

Answer 7

Henry and Catherine annulled their marriage.

Remember that a surviving spouse may inherit a share of a decedent’s intestate estate. A surviving spouse must have been legally married to the decedent at the time of his death. An annulment would mean that Henry and Catherine were not married.

Question 8

Tom marries Eliza but mysteriously disappears a month after their wedding. Thirty years later, Eliza dies with an intestate estate of $700,000 and is survived only by her mother. Though Eliza has not seen Tom since his disappearance, they have remained legally married.

If Tom reappears to collect his share of Eliza’s intestate estate, he may not be barred from intestate succession under any circumstances.

T/F

Answer 8

False.

Remember that some states have statutes barring the surviving spouse from intestate succession if the spouse deserted the decedent. Here, Tom is Eliza’s surviving spouse. However, Tom deserted Eliza thirty years ago and may not inherit her intestate estate if the state law bars deserting spouses from intestate succession. The above statement is, therefore, false.

Question 9

DEFINITELY NOT CAL.

Tom marries Eliza but mysteriously disappears a month after their wedding. Thirty years later, Eliza dies with an intestate estate of $700,000 and is survived only by her mother. Though Eliza has not seen Tom since his disappearance, they have remained legally married.

Assuming that Tom can inherit a share of Eliza’s intestate estate, how much does he inherit if Eliza does not have any descendants?

Answer 9

CAL LAW
No issue BUT PARENT(S) (or issue of parent(s))
= 1/2 to surviving spouse
= 1/2 going to parent(s) or their issue

NOT CAL LAW.
$600,000.
Remember that a surviving spouse’s intestate share includes $300,000 and three-fourths of the remaining intestate estate, if the decedent is survived by a parent but not any descendants. Here, Eliza is survived by her mother but not any descendants, so Tom inherits $300,000 and three-fourths of the remaining intestate estate (also $300,000), or a total of $600,000.

Question 10

DEFINITELY NOT CAL.

Cleopatra dies, leaving behind an intestate estate worth $4,000,000. She is survived by Mark, her husband. Together, Cleopatra and Mark have two surviving descendants, Alex and Anthony.

Which must be true for Mark to inherit Cleopatra’s entire intestate estate?

Answer 10

DEFINITELY NOT CAL.
FOR SP IN CAL, MORE THAN ONE ISSUE (or issue of predeceased children)
= 1/3 surviving spouse
= 2/3 to children or issue of predeceased children

For Uniform.. Probate…

(1) Mark does not have any other surviving descendants; AND
(2) Cleopatra does not have any surviving parents.

Remember that a surviving spouse may inherit the entire intestate estate in one of two situations.

(1) First, the decedent may be survived by all of her descendants; if so, neither the decedent nor her surviving spouse may have any other surviving descendants.
(2) Second, the decedent may not be survived by her descendants; if so, the decedent may not be survived by her parents.

Here, Mark and Cleopatra have two surviving descendants. It is irrelevant whether Cleopatra is survived by her parents. Mark may inherit Cleopatra’s entire intestate estate if neither he nor she has any other surviving descendants.

Question 11

A person’s descendants can include?

Answer 11

All descendants of all generations, including children and grandchildren, as well as adopted children.

Question 12

Helen is the daughter of Romeo and Juliet, who are not married. However, Romeo has been proven to be Helen’s father.

If Romeo and Juliet die simultaneously, may Helen inherit a share of their intestate estates?

Answer 12

Yes, from both parents.

A non-marital child born out of wedlock may receive a share of both parents’ intestate estates, regardless of their marital status.

Question 13

Helen is the daughter of Romeo and Juliet, who are not married. However, Romeo has been proven to be Helen’s father.

Which of the following facts, if offered on its own, could NOT have proven that Romeo is Helen’s father?

A.) Helen was born while Romeo and Juliet were married.
B.) Helen was born within 300 days after Romeo divorced Juliet.
C.) Romeo signed an affidavit acknowledging his paternity.
D.) Romeo was ordered by a court to pay Helen’s child support.
E.) Romeo agreed to be named as Helen’s father on her birth certificate.

Answer 13

E.) Romeo agreed to be named as Helen’s father on her birth certificate

There are several ways to prove paternity. There may be a presumption of paternity, an acknowledgment of paternity by the father, or an adjudication of paternity by a court. A presumption of paternity may be established if the child was born during the father’s marriage to the mother, if the child was born within 300 days after the termination of the father’s marriage to the mother, or if the father married the mother after birth, voluntarily asserted paternity, and agreed to be named as the father on the child’s birth certificate. Here, answer C would serve as Romeo’s acknowledgment of his paternity, while answer D would serve as an adjudication of Romeo’s paternity. Answers A and B would establish a presumption of paternity, as Helen was born during Romeo’s marriage to Juliet or born within 300 days after the termination of their marriage.

However, answer E would not establish a presumption of paternity if offered on its own, because it does not indicate whether Romeo married Juliet after Helen’s birth.

Question 14

Penelope, a widow, dies in a car accident along with her daughter Anastasia and her son Christopher. They are survived by Dolly, Anastasia’s daughter; Brandon, Penelope’s other son; Eddie, Brandon’s son; and Gilly and Holly, Christopher’s daughters. Penelope’s intestate estate is worth $18,000.

If Penelope’s intestate estate is distributed per stirpes based on the given information, how much should each heir receive?

Answer 14

$6,000 each to Brandon and Dolly; $3,000 each to Gilly and Holly.

The remaining portion of the intestate estate after the surviving spouse takes his share is distributed to the descendants. Without a surviving spouse, the descendants inherit the entire intestate estate. When an intestate estate is distributed per stirpes, each of the first generation of descendants receives an equal share.

The shares of any predeceasing descendants are divided and distributed equally among the next generation of descendants in the same branch, or their children. Here, Penelope is a widow and does not have a surviving spouse. Her descendants are Anastasia, Brandon, and Christopher. Each child receives an equal portion of the intestate estate (1/3), or $6,000 each. However, Anastasia and Christopher are predeceasing descendants, so their shares are distributed equally among their children. Anastasia’s $6,000 passes to her daughter, Dolly, while Christopher’s $6,000 is divided equally between his two daughters, Gilly and Holly (1/2 and 1/2), resulting in $3,000 each. Thus, $6,000 should be distributed to Brandon, $6,000 to Dolly, and $3,000 each to Gilly and Holly.

Question 15

Penelope, a widow, dies in a car accident along with her daughter Anastasia and her son Christopher. They are survived by Dolly, Anastasia’s daughter; Brandon, Penelope’s other son; Eddie, Brandon’s son; and Gilly and Holly, Christopher’s daughters. Penelope’s intestate estate is worth $18,000.

Brandon also dies in the car accident along with Penelope, Anastasia, and Christopher. His twin daughters, Jenny and Kelly, die as well. Jenny is survived by her husband and her twin sons, Nat and Pat, while Kelly is survived by her son, Matt. If Penelope’s intestate estate is distributed per capita at each generation based on the given information, how much should each heir receive?

Answer 15

$3,000 each to Dolly, Eddie, Gilly, and Holly; $2,000 each to Nat, Pat, and Matt.

The descendants inherit the entire intestate estate if there is no surviving spouse.

When an intestate estate is distributed per capita at each generation, each of the first generation with surviving descendants receives an equal share.

The shares of any predeceasing descendants are combined and divided equally among the members of the next generation. Here, Penelope’s entire intestate estate of $18,000 will be distributed to her descendants. The intestate estate is distributed among the second generation, Penelope’s grandchildren, which is the first generation with surviving descendants. There are six grandchildren in the second generation (Dolly, Eddie, Jenny, Kelly, Gilly, and Holly), so each grandchild receives 1/6 of the intestate estate, or $3,000. However, Jenny and Kelly are predeceasing, so their shares ($3,000 and $3,000) are combined and divided equally among the members of the next generation, or Penelope’s great-grandchildren: Nat, Pat, and Matt. Each great-grandchild receives 1/3 of $6,000, or $2,000. As a result, $3,000 should be distributed to Dolly, Eddie, Gilly, and Holly, while $2,000 should be distributed to Nat, Pat, and Matt.

Question 16

A stepdaughter, adopted by her stepfather, may inherit a share of an intestate estate from her?

Answer 16

Genetic mother
Genetic father
Stepfather

stepchildren adopted by a stepparent may inherit a share of the intestate estate from their stepparent as well as both of their genetic parents

Question 17

Kindred of the half blood inherit half as much as kindred of the whole blood?

True/False

Answer 17

FALSE.

In CA
a decedent’s kindred of the half blood inherit the same amount as kindred of the whole blood

Question 18

Eric’s son dies in a car accident at the age of seventeen.

Which of the following facts, if true at the time of the car accident, would render Eric unable to inherit a share of his son’s intestate estate?

A.) His parental rights were terminated.
B.) He was regularly failing to pay child support.
C.) He was physically abusing his son.
D.) He had abandoned his son ten years ago.
E.) All of the above

Answer 18

E.) All of the above

• A deserting parent is treated as predeceasing the decedent and is unable to inherit a share of his child’s intestate estate.
• A parent has deserted his child when his parental rights have been terminated.
• A parent has also deserted his child when his parental rights could have been terminated at the time of the child’s death before the age of eighteen, for a reason such as abandonment, abuse, or failure to pay child support.

Here, Eric would be unable to inherit a share of his son’s intestate estate if he deserted his son based on actual or possible termination of his parental rights at the time of the car accident.

Answer A indicates actual termination, while answers B, C, and D indicate possible termination due to abandonment, physical abuse, and failure to pay child support.

Question 19

John and Kate are married and have two children, Lara and Mary. John also has a brother, Neil, as well as two parents, Opal and Pete. Kate also has a sister, Rose, but both of her parents are deceased. Recently, Lara has died without any surviving spouse or descendants, leaving behind an intestate estate worth $4 million.

Who must also die in order for Mary to inherit Lara’s entire intestate estate?

Answer 19

John and Kate.

The entire intestate estate passes to collateral relatives if the decedent is not survived by any spouse or descendants. The intestate estate passes first to parents, and then to descendants of parents.

Here, Lara has not been survived by any spouse or descendants, so her entire intestate estate passes to her collateral relatives. In order for Mary to inherit Lara’s entire intestate estate, both of their parents must also have died.

Question 20

John and Kate are married and have two children, Lara and Mary. John also has a brother, Neil, as well as two parents, Opal and Pete. Kate also has a sister, Rose, but both of her parents are deceased. Recently, Lara has died without any surviving spouse or descendants, leaving behind an intestate estate worth $4 million.

If John, Kate, and Mary also die, how much should be distributed to each surviving relative?

Answer 20

$1 million each to Opal and Pete; $2 million to Rose.

The entire intestate estate passes to collateral relatives if the decedent is not survived by any spouse or descendants.

The intestate estate passes in the following order: parents, descendants of parents, grandparents or their descendants, and descendants of deceased spouses. If the parents and their descendants have not survived, then the intestate estate is divided equally between the paternal and maternal grandparents. If both maternal grandparents are deceased, then their share is distributed to their descendants.

Here, Lara has not been survived by any spouse or descendants, so her entire intestate estate passes to her collateral relatives. Her parents and siblings are also deceased, so her intestate estate is divided equally between her paternal and maternal grandparents (1/2 and 1/2). Because her maternal grandparents are deceased, their share (1/2) passes to their descendant, Rose. Because her paternal grandparents are not deceased, their share (1/2) is divided equally between them (1/4 and 1/4). As a result, Rose should receive 1/2 of $4 million, or $2 million, while Opal and Pete should each receive 1/4 of $4 million, or $1 million.

Question 21

Which of the following relatives may be barred from intestate succession due to desertion?

A.) Spouse
B.) Children
C.) Parents
D.) A and B
E.) A and C

Answer 21

E.) A and C

Remember that a surviving spouse and parents, but not children, may be barred from intestate succession due to desertion.

Question 22

Which of the following people may NOT inherit a share of Joseph’s intestate estate?

A.) Henry, his half-brother
B.) Kenneth, his stepfather
C.) Isabel, his stepdaughter
D.) Linda, his great-grandmother
E.) All of the above

Answer 22

D.) Linda, his great-grandmother

Remember that kindred of half blood, such as half-brothers, inherit the same intestate share as kindred of whole blood. Stepparents and stepchildren may also inherit intestate shares. However, great-grandparents are not included among the collateral relatives who may inherit an intestate share.

Henry, Kenneth, and Isabel may inherit a share of Joseph’s intestate estate, but Linda may not. Thus, answer D is correct.

Question 23

An heir’s survival must be proven under what kind of standard?

Answer 23

Clear and convincing evidence

Remember that an heir must fulfill the survival requirement to inherit a share of an intestate estate. The heir’s survival must be proven under a standard of clear and convincing evidence.

Question 24

Assuming there is no surviving spouse, which of the following relatives must also predecease a decedent in order for a nephew to inherit a share of the intestate estate?

A.) Parents
B.) Descendants
C.) Grandparents
D.) A and B
E.) All of the above

Answer 24

D.) A and B
Parents and Descendants

Remember that a decedent’s surviving relatives inherit a share of the intestate estate in the following order: spouse, descendants, parents, parents’ descendants such as the decedent’s nephews, grandparents, and grandparents’ descendants such as the decedent’s aunts and uncles.

A nephew may inherit a share of the intestate estate if the decedent’s spouse, descendants, and parents have predeceased the decedent.

Question 25

Brutus is driving under the influence of alcohol when he accidentally runs over his brother, Caesar, in front of their home in California. Eventually, Brutus is convicted of involuntary manslaughter. Caesar is survived by Brutus and Brutus’s wife, Portia, who have both requested a share of the intestate estate.

Who may inherit a share of Caesar’s intestate estate?

A.) Brutus
B.) Portia
C.) California
D.) A and B
E.) All of the above

Answer 25

A.) Brutus.

Remember that a decedent’s brother may inherit the intestate estate if there are no surviving spouse, descendants, or parents. However, a relative’s spouse who is not related to the decedent may not inherit a share of the intestate estate.

Furthermore, the slayer rule bars an heir who feloniously and intentionally kills the decedent from intestate succession.

Finally, under the doctrine of escheat, an intestate estate passes to the state if there are no heirs.

Here, Brutus unintentionally killed Caesar and was convicted of involuntary manslaughter, so he is not barred from intestate succession by the slayer rule. As Caesar’s only surviving relative, Brutus may inherit a share of the intestate estate. However, Portia is not related to Caesar and may not inherit a share of his intestate estate. Because Brutus may inherit Caesar’s intestate estate, it does not pass to the state of California. Thus, answer A is correct.

Question 26

anet gives birth to Logan’s daughter, Zoe, who is adopted by Kerry and Harry. Eventually, Kerry and Harry are divorced, and Harry’s parental rights are terminated after he refuses to pay for Zoe’s child support.

If Zoe dies, her intestate estate may be inherited by:

A.) Kerry only
B.) Kerry and Harry
C.) Janet and Logan
D.) Janet, Logan, Kerry, and Harry
E.) None of the above

Answer 26

A.) Kerry only

Remember that adoptive parents, but not genetic parents, may inherit a share of a decedent’s intestate estate. Furthermore, a deserting parent whose parental rights have been terminated is treated as predeceasing.

Here, Zoe’s genetic parents may not inherit a share of her intestate estate. Only her adoptive parents, Kerry and Harry, may inherit an intestate share. However, Harry’s parental rights have been terminated as a deserting father. Thus, only Kerry may inherit Zoe’s intestate estate, and answer A is correct.

Question 27

Rose dies without a spouse or descendants, and her parents, siblings, and grandparents are also deceased. Rose’s only surviving relatives are Ivy, her mother’s sister; Lily, her father’s niece’s daughter; and Violet and Daisy, her father’s nephew’s daughters. There is no laughing heir statute, and Rose’s intestate estate is worth $8 million.

If Violet and Daisy do not share any of the same grandparents as Lily, then how should Rose’s intestate estate be distributed per stirpes?

A.) $2 million each to Ivy, Lily, Violet, and Daisy
B.) $4 million each to Ivy and Lily
C.) $4 million to Ivy; $2 million to Lily; $1 million each to Violet and Daisy
D.) $8 million to Ivy
E.) None of the above

Answer 27

C.) $4 million to Ivy; $2 million to Lily; $1 million each to Violet and Daisy

Remember that an intestate estate is distributed to grandparents’ descendants when the decedent has no surviving spouse, descendants, parents, parents’ descendants, or grandparents.

Half of the intestate estate is distributed to the descendants of the maternal grandparents, while the other half is distributed to the descendants of the paternal grandparents.

To distribute an intestate estate per stirpes, each share is divided equally and distributed to the first generation of descendants, disregarding any predeceasing heirs without descendants.

If there are predeceasing heirs with descendants, their share is divided equally and distributed to the next generation of descendants within their branch.

Here, half of Rose’s intestate estate is distributed to her maternal grandparents ($4 million), while the other half is distributed to her paternal grandparents ($4 million). Because Ivy is the only surviving descendant of Rose’s maternal grandparents, she inherits their entire $4 million. Violet and Daisy do not share any of the same grandparents as Lily, which means that they are in different branches of inheritance. The intestate share of Rose’s paternal grandparents ($4 million) is divided equally between their two branches ($2 million each). Lily receives $2 million, while Violet and Daisy share their $2 million equally ($1 million each). Thus, answer C is correct.

Question 28

Anna dies in a tragic boating accident, leaving behind her husband Ted, five sons, and an intestate estate of $30,000. A week after Anna’s death, one of her sons dies without a last will and testament and is survived by his wife Bess and their daughter Cassie. Feeling guilty for failing to properly maintain his boat, Ted disclaims his interest in 2/3 of his intestate share from Anna’s estate. Ted has no other descendants.

Cassie may not inherit an intestate share if the probate court finds, based on a preponderance of the evidence, that she caused the boating accident in order to feloniously and intentionally kill her father.

T/F

Answer 28

True.

Remember that the slayer rule prevents an heir from inheriting an intestate share if the probate court finds, based on a preponderance of the evidence, that the heir is criminally accountable for the felonious and intentional killing of the decedent.

Here, if Cassie feloniously and intentionally killed her father, then she may not inherit a share of his intestate estate. The above statement is, therefore, true.

Question 29

Nathan gifts $1 million to his daughter Mae on her 18th birthday. When Nathan dies a month later, his other children argue that Mae’s share should be reduced by $1 million. As proof, they offer the following items of evidence: (1) a letter written by Nathan on Mae’s 18th birthday; (2) a letter written by Nathan on his deathbed; and (3) an admission written by Mae after Nathan’s death.

Which of these items could reduce Mae’s intestate share by $1 million?

A. (1) only
B. (3) only
C. (1) and (2)
D. (1) and (3)
E. (2) and (3)

Answer 29

D. (1) and (3)

Remember that an inter vivos gift made during the decedent’s lifetime to an heir is treated as an advancement against that heir’s share of the intestate estate. A gift may be proven to be an advancement by a contemporaneous writing made by the decedent or by a writing made at any time by the heir.

Here, item (1) is a contemporaneous writing made by Nathan, the decedent, while item (3) is a writing made Mae, the heir. Both of these items could prove Mae’s gift to be an advancement. However, item (2) is a non-contemporaneous writing made by Nathan, so it could not prove Mae’s gift to be an advancement. Thus, answer D is correct.

Question 30

Nathan gifts $1 million to his daughter Mae on her 18th birthday. When Nathan dies a month later, his other children argue that Mae’s share should be reduced by $1 million. As proof, they offer the following items of evidence: (1) a letter written by Nathan on Mae’s 18th birthday; (2) a letter written by Nathan on his deathbed; and (3) an admission written by Mae after Nathan’s death.

Nathan is not survived by a spouse. His intestate estate includes $15 million, and his other children are Leigh, Kate, and Jake. None of his other children have received any advancements. If Mae’s gift is considered an advancement, how much should each of Nathan’s heirs inherit from his intestate estate?

A.) $15 million to Mae
B.) $5 million each to Leigh, Kate, and Jake
C.) $4 million each to Leigh, Kate, and Jake; $3 million to Mae
D.) $3 million each to Leigh, Kate, Jake, and Mae
E.) None of the above

Answer 30

C.) $4 million each to Leigh, Kate, and Jake; $3 million to Mae

Remember that the hotchpot method is used to calculate the share an heir should inherit from the intestate estate after receiving an advancement. Under the hotchpot method, the advancement should be added to the intestate estate to calculate the hotchpot estate. See id. If the heir’s share of the hotchpot estate is greater than her advancement, then her advancement should be subtracted from her intestate share. Remember also that the descendants inherit equal shares of the entire intestate estate if there is no surviving spouse.

Here, Mae’s advancement of $1 million should be added to Nathan’s intestate estate of $15 million, resulting in a hotchpot estate of $16 million. Because there is no surviving spouse, Nathan’s children should inherit equal shares of the entire intestate estate (1/4 of $16 million), or $4 million each. Mae’s advancement of $1 million is less than her share of $4 million, so $1 million should be subtracted from her share, resulting in a share of $3 million. Thus, answer C is correct.

Question 31

Christopher dies during an influenza epidemic, leaving behind his wife Philippa and their two sons Diego and Dominic, as well as their grandson Louis, who is Diego’s son. However, Christopher also has a mistress, Beatrice, with whom he has two daughters, Nina and Maria, as well as two granddaughters named Peony and Sandra, who are Nina’s daughters.Three days after Christopher’s death, Diego and Nina also die of influenza. Christopher’s intestate estate consists of $48,150,000 and is distributed per capita at each generation.

How much of Christopher’s intestate estate should be distributed to each of his surviving heirs?

A.) $48,150,000 to Philippa
B.) $24,150,000 to Philippa; $24 million to Beatrice
C.) $24,150,000 to Philippa; $6 million each to Maria and Dominic; $4 million each to Peony, Sandra, and Louis
D.) $24,150,000 to Philippa; $6 million each to Maria, Louis, and Dominic; $3 million each to Peony and Sandra
E.) None of the above

Answer 31

C.) $24,150,000 to Philippa; $6 million each to Maria and Dominic; $4 million each to Peony, Sandra, and Louis

Remember that after the surviving spouse takes her intestate share, the remaining portion of a decedent’s intestate estate is distributed to all of his descendants. If the decedent also has descendants with someone else, then the surviving spouse’s intestate share is limited to $150,000 and half of the remaining balance. When an intestate estate is distributed per capita at each generation, each of the first generation with surviving descendants receives an equal share. The shares of any predeceasing descendants are combined and divided equally among the heirs in the next generation of descendants. Remember also that any heir who does not survive the decedent by five days is considered predeceasing.

Here, Philippa is Christopher’s surviving spouse. She inherits $150,000 and half of the remaining balance ($24 million), or $24,150,000. The remaining balance ($24 million) is distributed equally to all of Christopher’s descendants, regardless of whether they are children of his surviving spouse. Because Christopher has four descendants, they each inherit 1/4 of $24 million, or $6 million. However, Nina and Diego are considered predeceasing, so their shares are combined ($12 million) and divided equally among all of their children (1/3 each). Peony, Sandra, and Louis each inherit $4 million. Thus, answer C is correct.