Wills and Decedent's Estates Flashcards
Under the Uniform Probate Code (UPC), if all of the decedent’s descendants are also descendants of the surviving spouse, and the surviving spouse has no other descendent’s, how much of the decedent’s estate does the survivng spouse take?
the entire estate
Under the Uniform Probate Code (UPC), if the decedant has a survivng spouse but no descendants or parents, how much of the estate does the surviving spouse take?
the entire estate
Under the Uniform Probate Code (UPC), if no descendant of D survives D, but D has a surviving parent and a surviving spouse, how much of the estate does the surviving spouse take?
$300,000 and 75% of the remainder of the estate (rest goes to parents)
Under the Uniform Probate Code (UPC), if all of decedent’s issue are also issue of the survivng souse, and the surviving spouse has no other issue, how much of the estate does the surviving spouse take?
$225,000 and 50% of the remainder of the estate
a surviving spouse must have been legally married to the decedent–what about putative spouses and separation?
- putative spouses–a “spouse” qualifies if the spouse believes in good faith in the validity of an invalid marriage
- separation–spouses are still married until the issuance of a final dissolution decree
What are the survival requirements for decedent’s estates according to common law and the Uniform Simultaneous Death Act?
- Uniform Simultaneous Death Act –> 120-hour rule; insufficient evidence fo order of death results in the property of each individual passing as through the other individual predeceased him
- Common Law –> must have survived decedent for any amount of time.
all lineal descendants, including childrend, grandchildre, great-grandchildren, etc., are categorized as ___________
issue
there is a presumption that all children of a marriage are the natural children of the parties to the marriage, and there is a rebuttable presumption that all posthumously-born children are children of the deceased husband if the child is born within ____ days of his death
280
adopted children and inheritances?
- full inheritance rights
- no inheritance rights from genetic parents, UNLESS the stepparent exception applies
modern trend for children born out of wedlock: cannot inherit from natural father unless (four ways to meet)…
- father married mother
- held child out as his own and lived with/provided support for the child;
- paternity is provedn by clear and convincing evidence after the father’s death; or
- paternity is adjudicated during the father’s lifetime by a preponderance of the evidence
How does a child born out of wedlock meet the inheritance requirements of the Uniform Parentage Act (UPA)?
proof of paternity for inheritance to occur
* if father holds a child out as his own, presumption of paternity and child can bring action to establish paternity at any time
* otherwise, no presumption of paternity and child ,ust bring action within three years of reaching the age of majority
how does per capita work for calculating shares RE: inheritance
property divided according to total heads receiving it, regardless of generation
how does per stirpes work for calculating shares RE: inheritance
divided according to the generation that was intended to receive it–e.g. if X was to get 1/3rd share, but died and has two kids, then each kid gets a 1/6th share
how does per capita at each generation or by representation work for calculating shares RE: inheritance
each surviving child gets a share, and all of the remaining shares are divided equally among the surviving descendants of the decesased children
what are the three valid will requirements
- writing signed by testator (T)
- two or more witnesses
- T has present testamentary intent
