Chapter 1: Intestacy

Question 1

Describe Intestacy v. Testacy

Answer 1

When someone dies w/out a will the property is distributed through intestacy. The person who died is called the intestate or decedent. People who are entitled to take under intestacy are heirs.

Someone with a valid will is a testator. The takers under a valid will are devisees.

Question 2

How is partial intestacy handled?

Answer 2

If the will does not dispose of all of the testator’s property the property not included in the will, will be distributed through intestacy.

Question 3

Distribution of real property when the spouse survives

Answer 3

Spouse and no issue or parents: spouse takes all

Spouse and one child: each takes 1/2

Spouse and 2 or more children: spouse takes 1/3, the
surviving children divide the rest

Spouse and 1 or more surviving parents of decedent: spouse takes 50% and the other 50% goes to parent(s)

Question 4

Distribution of real property when their is no surviving spouse

Answer 4

Child and no spouse: child takes 100%

No spouse and no issues: surviving parents take in = shares

No spouse, issue, or parents: look to siblings and issue of siblings

I no one above remains: look to the grandparent level and divide between maternal and paternal sides and their issue.

Question 5

Distribution of intestate’s personal property

Answer 5

If there is a surviving spouse: spouse takes first 60K

If there is more than 60K, surviving spouse takes first 60K plus 1/2 of remaining personal property if only 1 child

If there are 2 or more children: spouse takes first 60K and 1/3 remaining personal property. The surviving children or issue tkae the remaining 2/3.

If no surviving issue but parent(s) of decedent: surviving spouse takes 100K plus 1/2 personal property.

No surviving issue and no parents: surviving spouse takes 100%

Any remaining person property is distributed just like the remaining real property.