Intestacy

Question 1

strict per stirpes

Answer 1

Property is divided into as many shares as there are living children of the designated person and deceased children who have descendants living. The children of each deceased descendant represent their deceased parent and are moved into their parent’s position beginning at the first generation below the designated person.

Question 2

modern per stirpes

Answer 2

If there are any children who survived the decedent, distribution is identical to that under strict per stirpes. If not, the estate is divided equally (per capita) at the first generation in which there are living takers.

Question 3

per capita at each generation

Answer 3

Divided into as many equal shares as there are (i) surviving descendants in the generation nearest to the decedent which contains one or more surviving descendants and (ii) deceased descendants in the same generation who left surviving descendants, if any.

Question 4

In all jurisdictions if the decedent is not survived by a spouse, descendant, or parent, who does the estate go to?

Answer 4

brothers and sisters and their descendants

Question 5

If there are no first line collaterals, under the ________ system, the intestate estate passes to the closest of kin, counting degrees of kinship.

Answer 5

degree-of-relationship

Question 6

If there are no first line collaterals, under the ________ system, the intestate estate passes to grandparents and their descendants, and if none to great-grandparents and their descendants, and if none to great-great-grandparents and their descendants, and so on down each line.

Answer 6

parentelic

Question 7

Under the UPC, stepchildren take if:

Answer 7

there are no surviving grandparents or descendants of grandparents or more closely related kin.