Intestacy

Question 1

Intestate Succession

Answer 1

process by which a decedent’s assets that are not disposed of by will are distributed

Question 2

Intestate Succession arises when

Answer 2

• dies without will
• will does not dispose of all property (lacks residuary)
• will denied in probate (successfully contested)

Question 3

Heir

Answer 3

takes by intestate succession

Question 4

Beneficiary

Answer 4

one named in a will or trust

Question 5

gifts, devises, bequests

Answer 5

property disposed of in a will

Question 6

estate

Answer 6

refers roughly to the property owned by decedent at death

Question 7

If D is survived by spouse and has no descendants

Answer 7

surviving spouse inherits entire estate

Question 8

If D is survived by spouse and shared descendants

Answer 8

surviving spouse inherits entire estate

Question 9

If D is survived by spouse and a parent

Answer 9

surviving spouse takes $300k + 75% of remainder

Question 10

If D is survived by spouse, shared descendants, and surviving spouse’s independent issue

Answer 10

surviving spouse takes $225k + 50% of remainder

Question 11

If D is survived by spouse and non-spousal children (not spouse’s)

Answer 11

surviving spouse takes $150k + 50% of remainder

Question 12

If D is survived only by parents

Answer 12

parents take entire estate

Question 13

If D is survived by no parents (and no one else)

Answer 13

D’s siblings will take

Question 14

If D is survived by no one

Answer 14

estate will escheat to state

Question 15

Per Stirpes

Answer 15

divide equally among each surviving child, or child who has surviving issue (3 kids, 1/3 to each lineal line)

Question 16

Per Capita with Representation (maj.)

Answer 16

estate divided into equal shares at the first generation where there are living takers, then divided/distributed equally to each lineal line

Question 17

Per Capita at each generation (UPC)

Answer 17

divided at first generation with living takers, but shares then are combined and divided equally among takers at the next level (each living at a generation will take equally)

Question 18

do adopted children take in intestate succession

Answer 18

yes

Question 19

do stepchildren take in intestate succession

Answer 19

generally have no inheritance rights

Question 20

do posthumous children take in intestate succession

Answer 20

yes if in gestation at time of decedent’s death (treated as if alive)

Question 21

simultaneous death rule

Answer 21

one cannot take as an heir or beneficiary unless they survive decedent

Question 22

two approaches for the simultaneous death rule

Answer 22

Uniform Simultaneous Death Act

120-hr Rule

Question 23

Uniform Simultaneous Death Act

Answer 23

property passes as though the beneficiary/heir died before decedent unless there is sufficient evidence decedent died first

Question 24

120-hr Rule

Answer 24

beneficiary/heir is only treated as surviving decedent if there is clear and convincing evidence they survived by 120 hours or more

Question 25

Slayer Rule

Answer 25

one who wrongly brings about the death of decedent forfeits an interest in decedent's estate (killer treated as if predeceased decedent)

Question 26

disclaimer

Answer 26

one may disclaim an interest that would otherwise pass to them (disclaiming party treated as if predeceased decedent)

Question 27

disclaimer requirements

Answer 27

writing, irrevocable, and filed within 9 months of decedent's death

Question 28

Advancements

Answer 28

gifts made during testator or decedent's life with the intent that the gift be applied against any share the heir would inherit

Question 29

Modern Rule re Advancements

Answer 29

only deemed advancement if: - D declared intent for gift to be an advancement in writing - Heir acknowledged the gift to be an advancement in writing

Question 30

Hotchpot Analysis

Answer 30

regarding advancements: - add value of advancements back into intestate estate - divide by number of taking children - deduct advancement from child's share