7) Intestacy Flashcards
Intestacy rules: RDP is only survivor
gets all SP
Intestacy: RDP + 1 child (or child’s issue)
1/2 to RDP, 1/2 to child
Intestacy: RDP + a parent (or parent’s issue)
1/2 to RDP, 1/2 to parent or issue
“parent’s issue” =
sibling
Intestacy: RDP + multiple kids (or issue)
1/3 to RDP
2/3 split among kids (or issue) in equal shares
Intestacy: no RDP
1) locate first generation w living members
2) divide equally among those w same degree of kinship
3) if anyone predeceased then down to the next gen o their issue to divide (NOT redistribute among others)
Intestacy: no RDP and no kids/issue
to parent (issue)
if no siblings, parents, grandparents (issue)
“laughing heir” – someone distant like ex. child of predeceased spouse
laughing heir: multiple
if 2+ relatives w same degree of kinship to D, those who share ancestor closer to D are preferred over the other heirs
if no potential taker
escheats to state, but CA tries to avoid
probate: def
process by which will is established as valid last will (by court)
will contest: def
interested person objects to admission of will to probate, saying it’s invalid for some reason
will contests: grounds
1) lack of capacity
2) undue influence
3) fraud
4) mistake
will substitutes
trusts
life insurance
joint accounts
3rd party beneficiary ks
joint accounts: rule
everything goes to surviving signer unless clear and convincing evidence of another intent
