A. Intestate Succession

Question 1

How is property disposed of (if NOT disposed of by will)?*

Answer 1

Surviving Spouse + Issue

• $50,000 + 50% residue => Spouse!!!
• Remainder => Issue (by representation)!!!

Surviving Spouse
- Whole => Spouse

Surviving Issue
- Whole => Issue (by representation)

Surviving Parents
- Whole => Parents

Surviving Grandparents + Issue

• 50% estate => Paternal grandparents + Issue (by rep)
• 50% estate => Maternal grandparents + Issue (by rep)
• Issues include only children, grandchildren, first cousins

NO surviving Spouse/Issue/Parent
- Whole => Parents’ Issues (by representation)

NO surviving Grandchildren

• 50% estate => Maternal grandparents’ great-grandchildren (equal shares)
• 50% estate => Paternal grandparents’ great-grandchildren (equal shares)

NO surviving relatives at all
- Estate => State

Question 2

When may Parent NOT have the right to inherit?*

Answer 2

1) Parent fails to support/abandons child
- Abandonment: Remove/Forego parental obligations

2) While child is under 21

Question 3

When may Parent have right to inherit?

Answer 3

1) Parent resumes parental duties
- Financial support

2) Until Child’s death

Question 4

When may Spouse NOT have right to inherit?*

Answer 4

Void marriage (Domestic Relations Law)

Legally separated/divorced under final decree

Abandoned/Refused to support + continues through time of deceased spouse

Question 5

When may Non-Marital Children (and their Issues) have inheritance rights from the mother/father?*

Answer 5

Mother/Mother’s family
- Full inheritance rights

Birth Father (paternity required)

• Order of filiation (declaration as father)
• Acknowledgment of paternity (by Mother/Father)
• Witnessed + Acknowledged affidavit of paternity filed w/ Putative Father Registry by Father
• Clear + convincing evidence (DNA test)
• Notorious acknowledgment of own child

Question 6

When may Child conceived from deceased Genetic Parent have inheritance rights?*

Answer 6

1) Genetic Parent (who stored sperm/ova) created written instrument within 7 years of own death
2) Written instrument provides consent for use of genetic material

3) Child either;
- Conceived within 2 years after Genetic Parent’s death
- Born within 2 years + 9 months (33 months) after Genetic Parent’s death