Intestate Distribution: Scheme, Status, and Alteration Flashcards
(34 cards)
What are intestacy laws?
State statutes governing the distribution of property not passing under a will
Also known as statutes of descent and distribution.
What is a testacy proceeding?
A proceeding to establish a will or determine intestacy
Define total intestacy.
Occurs when the decedent never made a will, made an invalid will, revoked a valid will, or had a valid will successfully challenged.
Define partial intestacy.
Occurs when a will does not cover all of the testator’s property.
In intestate succession, how does a surviving spouse’s share depend on other relatives?
The share varies based on the presence of descendants or parents of the decedent.
What does the general rule state about a surviving spouse’s inheritance?
A surviving spouse will always take some portion of the decedent’s estate.
What does a surviving spouse receive if there are no surviving descendants or parents?
The entire estate.
What share does a surviving spouse receive if there are surviving descendants, all of whom are also descendants of the spouse?
The entire estate.
What does a surviving spouse receive if there are no surviving descendants of the decedent, but surviving parents?
The first $300,000 plus 3/4 of the balance of the intestate estate.
What is the share of a surviving spouse if there are descendants, some of whom are not descendants of the spouse?
The first $150,000 plus 1/2 of the balance of the intestate estate.
What happens if there is no surviving spouse?
The estate descends to the decedent’s descendants by representation.
Define representation in intestate succession.
The method by which descendants inherit by taking the share of their deceased ancestor.
What happens if a descendant of the decedent predeceases the decedent without descendants?
The share fails and is treated as if that child had never been born.
What is the Uniform Simultaneous Death Act?
A law stating that an heir must survive the decedent by 120 hours to inherit.
How does the UPC treat adopted children in intestate succession?
Adopted children are treated as natural-born children of their adoptive parents.
What is the inheritance status of a child adopted by a relative of the natural parent?
The adopted child may still inherit from the natural parent.
What is the status of stepchildren in intestate succession?
Stepchildren have no inheritance rights unless legally adopted.
How are half-blood relatives treated in most jurisdictions?
They take equally with whole-blood relatives.
What establishes paternity for non-marital children in intestate inheritance?
Marriage of parents, acknowledgment by the father, or judicial determination of paternity.
What is the rule for posthumous children regarding inheritance?
They take as if born during the biological parent’s lifetime, provided they survive birth by 120 hours.
What is an advancement in intestate distribution?
A lifetime gift to an heir treated as an advancement against their share of the estate.
What must be present for a gift to be considered an advancement?
It must be declared in writing by the decedent or acknowledged by the heir.
What happens if the recipient of an advancement does not survive the decedent?
The gift is not counted against the pre-deceasing relative’s descendants unless specified.
What is the share distribution of Dorothy’s estate if she had given $60,000 to one grandchild and had no other written indications?
The estate is shared equally among the surviving grandchildren.
