Distribution

Question 1

Non-Probate Property

Answer 1

1. Inter Vivos Gifts
2. Living Trusts
3. Future Interests
4. Joint Tenancy
5. Assets Held in Pay on Death
   REMOVE BEFORE DIVISION

Question 2

Intestacy

Answer 2

Where **there is no will, **or will disposes of less than all of decedent’s property, the remaining property is distributed statutorily through intestacy

Question 3

Intestacy Choice of Law

Answer 3

Ownership: law of decedent’s domicile at time of acquisition

Personal Property: State of Domicile at Death

Real Property: Situs of the Property

Question 4

Surviving Spouse’s Share of CP and QCP in Intestacy

Answer 4

Receives 1/2 and retains the other 1/2 (ends up with all of it)

Question 5

Surviving Spouse’s Share of SP in Intestacy

Answer 5

1/3: if survived by multiple children / descendants of children who died

1/2 if survived by (i) one child or child’s descendant’s if dead; OR (ii) parent or descendent of parent (brother/sister/neice/nephew)

ALL: if no surviving descendents, no surviving parents, and no surviving descendents of parents

Question 6

Distribution of Shares by Intestacy Not Passing to Spouse

Answer 6

Per Capita w/ Representation: property divided at first generation where there is a surviving member equally

surviving members of generation take share and descendants of deceased members divide their shares

Question 7

Distribution at Intestacy where no Descendants

Answer 7

1. Parents
2. Descendants of Parents
3. Descendants of Grandparents
4. Descendenats of Predeceased Spouse (stepchildren)
5. Next of Kind
6. Parents of predeceased spouse and their descendants
7. Escheat to the State

Question 8

Property of testator inherited from Pre-Deceased Spouse at Intestacy

Answer 8

Passes to Pre-Deceased Spouse heir unless:

1. Real property and spouse did not die more than 15 years ago or
3. Personal property > $10,0000 unless deceased spouse died at least 5 years earlier

Question 9

Adoptive Children

Answer 9

Treated as part of adoptive family’s family tree

Will not inherit from biological parent unless adoption was by a stepparent

Question 10

Stepchildren

Answer 10

Treated as Adoptive children IF:

1. relationship began when child was minor and continued through joint lifetimes;
2. clear and convincing evidence adoption prevented by legal barrier
3. Adoption by Estoppel based on parent’s actions

Question 11

Non-Marital Children

Answer 11

Inherits from Mother if proof M gave brith to child

Inherits from Father if:
1.F married to M within 300 days of birth
2. F attempt to marry mother after child’s birth and F name on birth certificate
3. Chld Support payment
4. Paternity action (clear and convincing evidence)

Question 12

Advancements

Answer 12

Irrevocable lifetime gift intended as pre-payment of inheritance based on writing of the donor or donee

use hodgepot process to distribute

Question 13

Disclaiming Property

Answer 13

Requires:
1. Writing
2. Signed by Disclaiment
3. Identifying Decedent
4. Describing Disclaimed Property
5. Notarized
6. File within 9 months after death
7. No benefits of property accepted
EFFECT: treated as if you predeceased testator