Intestate Succession Flashcards
If a party dies without a will, or if a portion of an otherwise valid will is deemed invalid, what type of law applies?
intestacy law applies if there is no will or a valid will.
Intestacy also applies to an invalid portion of an otherwise valid will.
If a decedent is survived only by a spouse, how much does the surviving spouse inherit via intestacy law?
In most states, if the decedent is survived by ONLY a spouse (no descendants), the surviving spouse will inherit the entire estate.
What state law will govern intestate succession of real property?
Generally, the law of the state where the real property is located governs intestate succession of real property.
What state law governs intestate succession of personal property?
The law of the state where the decedent was domiciled at death typically governs intestate succession to personal property.
Under the Uniform Probate Code, how long does an heir have to live in order to inherit via intestate succession?
Under most modern statutes, including the Uniform Probate Code, an heir must generally outlive the decedent by 120 hours, or else she will be deemed to have predeceased the decedent for intestacy purposes.
How much of the estate will a surviving spouse inherit if the surviving spouse shares the same surviving descendants only (i.e., no outside kids).
The surviving spouse inherits the entire estate if the decedent and the surviving spose share the same surviving descendants, and neither has surviving descendants by anyone except the other.
How much of the estate will a surviving spouse inherit, via intestate succession, if the decedent has a surviving parent but no surviving descendants (no kids).
The surviving spouse takes the first $300,000 plus 3/4 of the remainder if the decedent has a surviving parent but no surviving descendants (with the surviving parent(s) taking whatever is left).
How much of the estate will a surviving spouse inherit, via intestate succession, if the decedent has surviving
descendants by no one other than the surviving spouse, but the surviving spouse has
surviving descendants with a person other than the decedent.
The surviving spouse will inherit the first $225,000 plus 1/2 of the remainder if the decedent has surviving descendants by no one other than the surviving spouse, but the surviving spouse has surviving descendants with a person other than the decedent.
How much of the estate will a surviving spouse inherit, via intestate succession, if the decedent has any surviving
descendants with a person other than the surviving spouse?
The surviving spouse will inherit the first $150,000 plus 1/2 of the remainder.
How much of the estate will a surviving spouse inherit, via intestate succession, if the surviving spouse is in abandonment (leaves the marital abode without consent or justification) of the decedent?
Nothing,
Not a damn thing
If the decedent is NOT survived a spouse, who inherits the estate via intestate succession?
In most states, if the decedent is NOT survived by a spouse, the decedent’s surviving descendants will inherit the entire estate equally.
If a child of the decedent predeceases the decedent and has issue (kids)
who survive the decedent, the predeceased child’s issue may take under one of what two systems?
Per stripes representation
or Per Capita at Each Generation
What is per stripes representation?
Under per stirpes representation, the descendants’ share of the intestate estate is divided
into one equal share for each (1) surviving child of the decedent and (2) deceased child of
the decedent who has at least one surviving descendant. If a child dies without surviving
descendants, then the child is entirely disregarded.
What is Per Capita Distribution?
Per capita at each generation starts at the prime generation, or the first generation
of descendants with at least one surviving member. Beginning with this generation,
the estate is divided into one equal share for each surviving descendant in the prime
generation and deceased descendant in the prime generation with at least one surviving
descendant. Each surviving descendant in the prime generation gets one equal share.
The shares of all deceased descendants (with their own surviving descendants) in the
prime generation are then combined into one share and allocated among more remote
descendants until the descendants’ intestate share is fully distributed
Who inherits the estate, via intestate succession, if the decedent is NOT survived by a spouse OR descendants?
The decedent’s surviving parents will inherit the entire estate equally. If there are NO surviving parents, the descendants of the decedent’s parents will inherit the estate (i.e brothers/sisters, nieces nephews and down).
