Wills

Question 1

[Intestate Succession] When do intestacy rules apply?

Answer 1

1. When the decedent left no will; 2. When the will does not completely dispose of the estate; or 3. If there is a successful will contest.

Question 2

Definition: Separate Property

Answer 2

Separate property is property owned by a spouse: 1. Before marriage; 2. During marriage by gift, will, or inheritance; 3. From a tort recovery for personal injury.

Question 3

Definition: Community Property

Answer 3

All other property that isn’t separate property. **Existing or future community property can be partitioned into separate property of the spouses by written agreement**

Question 4

[Intestate Succession] - SPOUSE & KIDS Community property: If the decedent is survived by descendants, at least one of whom is not the surviving spouse’s descendant, the decedent’s 1/2 community interest passes to his descendants, who take ________.

Answer 4

Per capita, with representation. The spouse retains her 1/2 community interest.

Question 5

[Intestate Succession] - SPOUSE & KIDS Community property: If the decedent is survived by descendants, all of whom are descendants of the surviving spouse, the surviving spouse takes ____ of the community property.

Answer 5

ALL.

Question 6

[Intestate Succession] - SPOUSE, NO KIDS Community property: If the decedent is not survived by descendants, the ______ takes all of the community property.

Answer 6

Surviving spouse.

Question 7

[Intestate Succession] - SPOUSE & KIDS Separate property: If the decedent is survived by a spouse and descendants, _____ of the separate personal property passes to the surviving spouse, and _____ passes to the children or their descendants.

Answer 7

1/3; 2/3. ***For separate property, it is irrelevant whether the surviving descendants are also descendants of the surviving spouse***

Question 8

[Intestate Succession] - SPOUSE & KIDS Separate real property: If the decedent is survived by a spouse and descendants, a ______ in 1/3 of the separate real property passes to the surviving spouse; a remainder in that 1/3 and outright ownership of the other 2/3 passes to the children (or their descendants).

Answer 8

Life estate. ***For separate property, it is irrelevant whether the surviving descendants are also descendants of the surviving spouse***

Question 9

[Intestate Succession] - SPOUSE, NO KIDS Separate property: If the decedent is not survived by descendants but is survived by a spouse, ____ of the separate property passes to the spouse.

Answer 9

ALL. Passes 1/2 to the surviving spouse, and 1/2 to parents or descendants of parents (if applicable).

Question 10

[Intestate Succession] - KIDS, NO SPOUSE Separate property: When a decedent is not survived by a spouse but is survived by descendants, his ____ estate passes to his children or their descendants.

Answer 10

Entire estate.

Question 11

[Intestate Succession] - BOTH PARENTS, NO KIDS Separate property: If there are no descendants, but parents survive the decedent, ____ passes to each parent.

Answer 11

1/2.

Question 12

[Intestate Succession] - PARENT & SIBLINGS Separate property: If only one parent survives the decedent, ____ passes to the parent and the other _____ passes to brothers and sisters or their descendants.

Answer 12

1/2; 1/2.

Question 13

[Intestate Succession] - SIBLINGS ONLY Separate property: If there are no descendants or parents, the estate passes to brothers and sisters or ________.

Answer 13

Their descendants.

Question 14

[Intestate Succession] - GRANDPARENTS ONLY Separate property: If there are no descendants and no descendants of parents, ______ will go to the maternal grandparents and their descendants, and the other ______ will go to the paternal grandparents and their descendants.

Answer 14

1/2; 1/2.

Question 15

[Intestate Succession] - NO HEIRS Separate property: No matter how remotely related to the decedent, a person can qualify as an heir. If no heirs are found, all property ______ to the state.

Answer 15

Escheats.

Question 16

[Intestate Succession] Separate property: A parent cannot inherit from or through a child if there is clear and convincing evidence that the parent:

Answer 16

1. abandoned and failed to support the child, 2. knowingly abandoned and failed to support the child’s mother during pregnancy, or 3. was criminally responsible for the death or serious injury of a child.

Question 17

[Intestate Succession] Separate property: Descendants who inherit intestate separate property take per capita with representation. This means:

Answer 17

The property is divided into equal shares at the first generational level at which there are living takers. Each living person at that level takes a share, and the share of each deceased person at that level passes to her descendants by right of representation.