Distribution Flashcards
A tenet by entirety on a bank account creates what presumption?
That the account is to be left for the other person on the account
4 Considerations the court considers when appointing an agent
- efficiency
- trustworthiness and dependability
- level-headiness and rationality
- Availability and proximity
descent and distribution state statutes defines
who will take and what share of the decedent’s probate property that the individual will take when a decedent dies intestate
descent and distribution state statutes contains
disposition and administration of intestate estate
Intestate succession
the process whereby probate property is passed via intestacy
Intestate succession can occur for what 4 reasons
- did not create a valid will
- created a valid will that did not dispose of all the decedents probate property, resulting in what is known as partial intestacy
- created a valid will but later validly revoked the will
- created what purported to be a valid will but was not ultimately admitted into the probate following the decedents death.
heirs
individuals who receive property via intestate succession
heirs apparent
when a statute has a hierarchy of heirs that prioritizes certain familial relationships over others
heirs apparent is used only during the
decedents life
Besides who the beneficiaries and who is appointed as an agent is… Intestacy statues may also determine what 3 things
- who can challenge a will
- define terms used in a will
- offer rules for providing a share for an omitted spouse or omitted child
Collateral kindred examples
siblings, nieces, nephews, aunts, uncles, and cousins
ancestors typically receive
a share only if none of the decedents descendants survive
When are schemes of representation applied?
when multiple heirs are eligible to receive the decedents probate property
Under what 2 circumstances does a surviving spouse get the entire estate?
- no descendant or parent survives the decedent
OR - All the decedents surviving descendants are also the descendant’s surviving spouses AND the surviving spouse has not other descendant that has survived the decedent
IF:
The surviving spouse shares descendants but has other surviving descendants who are not descendants of the decedent
What does the surviving spouse get?
the 1st 225k plus 1/2 of any balance of the intestate
UPC Heirs than Surviving Spouse
If no surviving spouse…
the entire intestate passes to the decedents descendants, parents or other heirs
UPC Heirs than Surviving Spouse
If no surviving spouse… and is survived by 1+ descendants
part of the estate not passing to the surviving spouse passes to the decedents surviving descendants
How is a punitive spouse different from a common law spouse?
similar, but they have a good “faith belief” that they are lawfully married
Even when there is no right to a unmarried cohabitant to inherit under intestacy statutes, many juris allow inheritance under
an express written contract
When survived by a grandparent the intestate estate is distributed by
one share per
1. surviving grandparents, and
2. Deceased grandparents with one or more surviving descendent if any
When survived by a grandparent what are two senarios for if the deceased grandparents have surviving descendants
- The deceased grandparents descendants are also descendants of a surviving grandparent, and they have no other surviving descendants
- the descendants are considered to predecease the decedent - If two+ deceased grandparents have the same surviving descendants, and they have no other surviving descendants
- the deceased grandparents are deemed to be deceased with a surviving descendants
If not survived by descendant, parent, descendant of a parent, grandparent, or descendant of a grandparent, who the survives you
descendants of a deceased spouse
ancestral property
property inherited from the decedents ancestors
What is the table of consanguinity
hierarchy of ancestors and collateral kindred