Common Problems in Wills and Intestacy

Question 1

What are the rules when there are simultaneous deaths?

Answer 1

When the title to property depends on priority of death, and there is no sufficient evidence that one person survived the other, the property of each person is distributed as if he had survived.

Question 2

Effect of Renunciation

Answer 2

• Any beneficiary or heir may renounce a gift or devise, with the effect that the interest passes as though the renouncing party predeceased the decedent. In most cases, this means that the person’s interest passes to their issue.
• Renunciation may not be used to manipulate inheritance rights.

Question 3

Procedure for Renunciation

Answer 3

• Renunciation must be signed by the heir or beneficiary
• Must describe the interest being renounced
• Must declare the renunciation or extent thereof.

Question 4

What effect if a decedent death is caused by an heir or beneficiary?

Answer 4

An heir or beneficiary who intentionally and feloniously kills the decedent is treated as if he has predeceased the decedent.

Question 5

Define

Advancement

Answer 5

An advancement is any lifetime transfer of money or property by a donor to someone that is expected to be the donor’s heir, given with the intent that the gift be applied against any share the person inherits from the donor’s estate.