Intestate Descent and Distribution Flashcards
When do intestate succession rules apply?
When:
1) the decedent left no will;
2) the decedent’s will is denied probate; OR
3) the decedent left a will but the will does not make a complete disposition of the estate (resulting in a “partial intestacy”)
If an intestate leaves a spouse, but no descendants, who inherits the estate?
The spouse
If the decadent was survived by descendants, all of whom are also descendants of the surviving spouse, who inherits the estate?
What happens if at least one the decedent’s descendant is not a descendant of the spouse?
The spouse
The spouse inherits 1/3rd of the estate, and the other two-thirds passes to the decedent’s descendant(s), who take a per capita share with representation (for issue)
When is a spouse disqualified from inheritance?
If the spouse willfully deserts or abandons the other spouse and the desertion continues until the spouses death.
The surviving spouse will not be appointed administrator of the estate if a beneficiary files an objection.
What happens if the decedent is not survived by his spouse or descendants?
The estate passes to the decedent’s parents or surviving parent, except when the parents are disqualified due to desertion (during minority).
What happens if no spouse, descendants, or parents survive the decedent?
The estate passes to the decedent’s brothers or sister (and their issue)
What happens if the decedent is not survived by parents or descendants of parents?
One-half of the estate passes to maternal grandparents (or their descendants, who take by representation) and the other half passes to the paternal grandparents (or their descendants).
Are extremely remote relatives still entitled to inherit?
Yes, a person can qualify as an heir, no matter how remote the relation
To disinherit someone, is sufficient for a a testator to include in his will the provision, “My son don’t get shit.”?
No. The testator must make a complete disposition of his estate by will. Any portion passing by intestacy will pass according to statute, not the decedent’s estate.
Do adopted parent inherit from their adopting parents? From their natural parents?
Yes.
No, except when the child is adopted by the spouse of her biological parent or when parental rights are involuntarily terminated by the court.
Do step-kids and foster children inherit from their guardians?
No.
When do non-marital children inherit from their moms/maternal him?
Always
Under what circumstances do non-marital kids inherit from their natural fathers?
Only when:
1) The dad marred the mom before/after the kids birth (even the marriage is void(able))
2) One of the following is established by clear & convincing evidence:
(a) The man openly cohabited with the mom during her ENTIRE pregnancy
(b) the man consented to named on the kid’s birth certificate
(c) the man allowed the kid to use his surname
(d) the man claimed the child as his on a tax return or other governmental document;
(e) The man was adjudged the father in a paternity suit AND ordered to pay child support;
(f) the man admitted paternity in court or under oath;
(d) genetic tests or other medical/anthropological evidence establish paternity
When can the father/kin inherit from a non-marital kid?
Only when one of the aforementioned grounds is satisfied and the father openly treated the child as his and did not refuse child support
From whom does a child conceived by in-vitro fertilization inherit?
The person(s) who consented to being parent in writing before the conception, provided that the kid is born within that person’s lifetime or within 10 months of her death
