1. Intestate succession Flashcards
This fact pattern applies for questions 1-5. Tom married Mary. Mary had three children by a prior marriage to Harry: Amy, Brian, and Candy. Tom adopted Candy, but did not adopt Amy or Brian. Tom and Mary then divorced. Tom married Nancy and they had four children together: Owen, Paige, Quentin, and Ronald. Tom died intestate, leaving both community and separate property. Candy predeceased Tom, dying intestate and leaving a child, Dawn. Who inherits Tom’s community property and in what proportion(s)?
A. O, P, Q, R & D each inherit 1/5 of the community property in naked ownership, subject to a usufruct in favor of N.
B. O, P, Q & R each inherit 1/4 of the community property in full ownership.
C. N inherits 100% of the community property in full ownership.
D. O, P, Q & R each inherit 1/4 of the community property in naked ownership, subject to a usufruct in favor of N.
E. O, P, Q, R & D each inherit 1/5 of the community property in full ownership.
A. O, P, Q, R & D each inherit 1/5 of the community property in naked ownership, subject to a usufruct in favor of N.
Same facts as #1. Who inherits Tom’s separate property and in what proportion(s)?
A. O, P, Q & R each inherit 1/4 of the separate property in full ownership.
B. O, P, Q, R & D each inherit 1/5 of the separate property in full ownership.
C. O, P, Q, R & D each inherit 1/5 of the separate property in naked ownership, subject to a usufruct in favor of N.
D. N inherits 100% of the separate property in full ownership.
E. O, P, Q & R each inherit 1/4 of the separate property in full ownership, subject to a usufruct in favor of N.
B. O, P, Q, R & D each inherit 1/5 of the separate property in full ownership.
Assume now that Tom did not die. Instead, Harry died. Who inherits Harry’s estate and in what proportions?
A. M inherits 100% of the estate in full ownership.
B. A, B & D each inherit 1/3 of the estate in naked ownership, subject to a usufruct in favor of M.
C. A & B each inherit 1/2 of the estate in naked ownership, subject to a usufruct in favor of M.
D. A, B & D each inherit 1/3 of the estate in full ownership.
E. A & B each inherit 1/2 of the estate in full ownership.
D. A, B & D each inherit 1/3 of the estate in full ownership.
Assume now that Harry did not die. Instead, Dawn died. Who inherits Dawn’s estate and in what proportions?
Question 4Select one:
A. M, T & H each inherit 1/3 of the estate in full ownership.
B. M & T each inherit 1/2 of the estate in full ownership.
C. O, P, Q & R each inherit 5/24 of the estate in naked ownership; B & A each inherit 2/24 of the estate in naked ownership; M & T receive a joint and successive usufruct of the entire estate.
D. T inherits 100% of the estate in full ownership.
E. M & H each inherit 1/2 of the estate in full ownership.
B. M & T each inherit 1/2 of the estate in full ownership.
Assume now that Dawn did not die. Instead, Ronald died. Who inherits Ronald’s estate and in what proportions?
Question 5Select one:
A. O, P & Q each receive 7/24 of the estate in naked ownership; D receives 3/24 of the estate in naked ownership; N & T receive a joint and successive usufruct of the entire estate.
B. O, P, Q & D each inherit 1/4 of the estate in naked ownership, subject to a joint and successive usufruct in favor of N & T.
C. O, P & Q each inherit 1/6 of the estate in naked ownership; D inherits 1/2 of the estate in naked ownership; N & T receive a joint and successive usufruct of the entire estate.
D. O, P & Q each inherit 1/3 of the estate in naked ownership, subject to a joint and successive usufruct in favor of N & T.
E. N & T each inherit 1/2 of the estate in full ownership.
A. O, P & Q each receive 7/24 of the estate in naked ownership; D receives 3/24 of the estate in naked ownership; N & T receive a joint and successive usufruct of the entire estate.
This fact pattern applies to questions 6-7. Roger was married to Martha when he died intestate. He left community and separate property. Roger had no descendants. Martha had three children by a prior marriage to Herman: Aaron, Bella, and Chad. Roger was also survived by his mother, Fiona; his father, George; a sister, Sally, and two nephews, Jack and Kevin, the children of a Roger’s predeceased brother Tom. Who inherits Roger’s community property and in what proportion(s)?
Question 6Select one:
A. S inherits 100% of the community property in full ownership.
B. M inherits 100% of the community property in full ownership.
C. S inherits 1/2 of the community property in full ownership; J & K each inherit 1/4 of the community property in full ownership.
D. A, B & C each inherit 1/3 of the community property, subject to a usufruct in favor of M.
E. S, J & K each inherit 1/3 of the community property in full ownership.
B. M inherits 100% of the community property in full ownership.
Who inherits Roger’s separate property and in what proportion(s)?
Question 7Select one:
A. S inherits 100% of the separate property in full ownership.
B. F & G each inherit 1/2 of the separate property in full ownership.
C. S inherits 1/2 of the separate property in full ownership; J & K each inherit 1/4 of the separate property in full ownership.
D. S, J & K each inherit 1/3 of the separate property in full ownership.
E. S inherits 1/2 of the separate property in naked ownership; J & K each inherit 1/4 of the separate property in naked ownership; F & G receive a joint and successive usufruct over the entire estate.
E. S inherits 1/2 of the separate property in naked ownership; J & K each inherit 1/4 of the separate property in naked ownership; F & G receive a joint and successive usufruct over the entire estate.
This fact pattern applies for questions 8-9. Andy died survived by his maternal great-grandmother (MGGM), the parent of his now-deceased maternal grandmother MGM; and his paternal grandparents, PGM and PGF. Who inherits Andy’s estate and in what proportions?
Question 8Select one:
A. The entire estate escheats to the state.
B. PGF & PGM each inherit 1/4 of the estate in full ownership; MGGM inherits 1/2 of the estate in full ownership.
C. PGF & PGM each inherit 1/2 of the estate in full ownership.
D. PGF, PGM & MGGM each inherit 1/3 of the estate in full ownership.
E. MGGM inherits 100% of the estate in full ownership.
B. PGF & PGM each inherit 1/4 of the estate in full ownership; MGGM inherits 1/2 of the estate in full ownership.
Assume now that MGM did not predecease Andy. Who inherits Andy’s estate and in what proportions?
Question 9Select one:
A. The entire estate escheats to the state.
B. MGM, PGF & PGM each inherit 1/3 of the estate in full ownership.
C. MGGM inherits 100% of the estate in full ownership.
D. MGM inherits 1/2 of the estate in full ownership; PGF & PGM each inherit 1/4 of the estate in full ownership.
E. PGF, PGM, MGM & MGGM each inherit 1/4 of the estate in full ownership.
D. MGM inherits 1/2 of the estate in full ownership; PGF & PGM each inherit 1/4 of the estate in full ownership.
Abby married Bob, and they had two children: Ellis and Frank. Ellis married Patty, and they had two children: George and Harry. Ellis died intestate, and George and Harry renounced his succession. Harry later married Roberta, and they had three children: Sally, Tom, and Violet. Harry died. Then, Abby died. Who inherits Abby’s separate property and in what proportions?
Question 10Select one:
A. F & G each inherit 1/2 of Abby’s estate in full ownership.
B. F inherits 100% of Abby’s estate in full ownership.
C. F inherits 1/3 of the estate in full ownership; G inherits 1/3 of the estate in full ownership; S, T & V each inherit 1/9 of the estate in full ownership.
D. F, G, S, T & V each inherit 1/5 of the estate in full ownership.
E. F inherits 1/2 of Abby’s estate in full ownership; G inherits 1/4 of the estate in full ownership; S, T & V each inherit 1/12 of the estate in full ownership.
E. F inherits 1/2 of Abby’s estate in full ownership; G inherits 1/4 of the estate in full ownership; S, T & V each inherit 1/12 of the estate in full ownership.
Albert died survived by his paternal great-uncle, Robert; and by Doug and Ella, the son and daughter of his mother’s sister. Who inherits Albert’s estate and in what proportions?
Question 11Select one:
A. D & E each inherit 1/2 of the estate in full ownership.
B. D & E each inherit 1/4 of the estate in full ownership; R inherits 1/2 of the estate in full ownership.
C. D, E & R each inherit 1/3 of the estate in full ownership.
D. R inherits 100% of the estate in full ownership.
E. The entire estate escheats to the state.
C. D, E & R each inherit 1/3 of the estate in full ownership.
Andrew has two children: Bob and Catherine. Catherine has two children of her own: Danny and Edward. Bob has one child: Frank. Bob and Catherine die together in a plane crash. Upon hearing the news, Andrew died. Who inherits Andrew’s estate and in what proportions?
Question 12Select one:
A. The law is not entirely clear on this point. The most likely answer is that F inherits 1/2 of the estate in full ownership and D & E each inherit 1/4 of the estate in full ownership.
B. The entire estate escheats to the state.
C. F inherits 1/2 of the estate in full ownership; D & E each inherit 1/4 of the estate in full ownership.
D. The law is unsettled on this point. The most likely answer is that F, D & E each inherit 1/3 of the estate in full ownership.
E. F, D & E each inherit 1/3 of the estate in full ownership.
A. The law is not entirely clear on this point. The most likely answer is that F inherits 1/2 of the estate in full ownership and D & E each inherit 1/4 of the estate in full ownership.
This fact pattern applies to questions 13-14. X’s only living relatives are U, his paternal uncle; A, his maternal Aunt; C, the child of U; and D, the child of A. X died. One minute later, A died. Who inherits X’s estate and in what proportions?
Question 13Select one:
A. The entire estate escheats to the state.
B. U & D each inherit 1/2 of the estate in full ownership.
C. U, A, D & C each inherit 1/4 of the estate in full ownership.
D. D inherits 100% of the estate in full ownership.
E. U inherits the entire estate in full ownership.
B. U & D each inherit 1/2 of the estate in full ownership.
Assume now that A did not die after X. Instead, A predeceased X. Who inherits X’s estate and in what proportions?
Question 14Select one:
A. U & D each inherit 1/2 of the estate in full ownership.
B. The entire estate escheats to the state.
C. U, A, D & C each inherit 1/4 of the estate in full ownership.
D. D inherits 100% of the estate in full ownership.
E. U inherits the entire estate in full ownership.
E. U inherits the entire estate in full ownership.
Katrina died as a result of an automobile accident with a FedEx Freight truck. The driver of the FedEx truck had fallen asleep at the wheel, drifted across two lanes of traffic, and collided with Katrina’s car. Katrina was never married and had no children and is survived only by Molly, her mother; Barry, her half-brother on her mother’s side; and Bary’s father, Sam, who is also her step-father. Which of the following statements regarding Barry’s rights to Katrina’s estate is correct?
Question 15Select one:
a. Barry will inherit 50% of Katrina’s estate in naked ownership, subject to a lifetime usufruct in favor of Molly.
b. Barry will inherit 100% of Katrina’s estate in fully ownership.
c. Barry will inherit 100% of Katrina’s estate in naked ownership, subject to a lifetime usufruct in favor of Molly.
d. Barry will inherit 100% of Katrina’s estate in naked ownership, subject to a joint and successive usufruct in favor of Molly and Sam.
e. Barry will inherit 50% of Katrina’s estate in naked ownership, subject to a joint and successive usufruct in favor of Molly and Sam.
c. Barry will inherit 100% of Katrina’s estate in naked ownership, subject to a lifetime usufruct in favor of Molly.
