Intestacy Flashcards Preview

Wills and Decedent's Estates > Intestacy > Flashcards

Flashcards in Intestacy Deck (16):
1

Intestacy

A default estate plan developed by the legislature- the decedent's actual intent is irrelevant

2

Simultaneous Death

Under USDA, an heir must be proven by clear and convincing evidence to have survived the decedent by 120 hours, otherwise each is treated as though the predeceased the other

3

Spouse

Legally married partner

4

Spouse + Shared Descendants

Surviving spouse takes entire estate

5

Spouse + Parent

Surviving spouse takes $300,000 and 75% of remaining estate

6

Spouse + Shared Descendants + Spouse's Kids

Surviving spouse takes $225,000 and 50% of the remaining property

7

Spouse + Non-Spousal Kids

Surviving spouse takes $150,000 and 50% of the remaining property

8

Just Spouse

Surviving spouse takes entire estate

9

No Heirs

Property escheats to the state

10

Issue

Descendant's lineal line- must be a parent-child relationship

11

Adoptive Children

-Treated just like biological
-Stepparent adoption: does not prevent adoptee from inheriting from other genetic parent

12

Posthumously Born Children

Rebuttable presumption that child is husband's if born within 280 days of husband's death (UPA is 300)

13

Per Stirpes

Divide shares equally starting with first generation who survives or has surviving issue

14

Per Capita with Representation

Divide property equally at first generation where a member survives the decedent

15

Per Capita at each Generation

Divide property into equal shares at first generation where there is a surviving member, then pool and distribute equally at each generation

16

Disinheriting Children

UPC allows; must be done by a properly executed will