FOURTEENTH CONCEPT: INTESTATE SUCCESSION

Question 1

If testator dies intestate, Surviving spouse or domestic partner inherits how much of the community property? How much do they end up with?

Answer 1

decedent’s ½ of the community property. they are left with 100% (they already own the other 50%)

Question 2

If testator dies intestate, Surviving spouse or domestic partner inherits how much of the quasi-community property? How much do they end up with?

Answer 2

decedent’s ½ of the quasi-community property. they are left with 100% (they already own the other 50%)

Question 3

If testator dies intestate, If decedent leaves no issue, parents, brother or sister, or issue of a deceased brother or sister, how much of the separate property does the surviving spouse receive?

Answer 3

all to surviving spouse or domestic partner.

Question 4

If testator dies intestate, If decedent is survived by one child, or issue of a predeceased child, How much of the property goes to the surviving spouse, how much to the child?

Answer 4

½ to surviving spouse or domestic partner and ½ to child or child’s issue.

Question 5

If testator dies intestate, If decedent is survived by 2 or more children, or issue of predeceased children, how much to the surviving spouse, how much to the issue?

Answer 5

1/3 to surviving spouse or domestic partner and 2/3 to the children or their issue.

Question 6

If testator dies intestate, If decedent is survived by no issue, but leaves parent or parents or their issue, then how much to the surviving spouse and how much to the parents?

Answer 6

½ to parent or parents or their issue, ½ to surviving spouse or domestic partner.

Question 7

If testator dies intestate, If there is no surviving spouse, in what order does the intestate scheme work

Answer 7

First to issue, then to parents, then to issue of parents, then to grandparents, then to issue of grandparents, then to issue of pre-deaceased spouse’s issue (step-children), next of kin. the parents of pre-deceased spouse or domestic partner (former in-laws.

Question 8

What is the per-capita representation problem?

Answer 8

Issue of the same degree take “per capita,” or equally and in their own right. (section 240 of probate code)

Question 9

X (Intestate) has children A, B, and C and they are all alive at X’s death. Each takes what?

Answer 9

Each child takes takes 1/3, per capita, meaning each takes equally and in his or her own right.

Question 10

Issue of more remote degree for per-capita with representation. what do each take (what’s it called?) how does it work?

Answer 10

“per capita with representation.” we make our distribution [i] at the first level someone is living and give shares to all living people at that generation, and [ii] to deceased members of that generation who leave issue.

Question 11

X has 2 children: A and B. Both predecease X. A leaves child C, who survives X. B leaves children D and E. D survives X, but E predeceases X. E leaves children F and G, both of whom survive X.

Answer 11

C get 1/3. D gets 1/3, F and G get 1/6 each

Question 12

If a will or trust calls for a distribution “per stirpes” or “by right of representation,” or by “representation,” we make a different distribution. What distribution is that?

Answer 12

you make the distribution at the first generation or first level, even if everyone is dead, so long as they left issue. The issue then step into the shoes of their predeceased ancestor.

Question 13

X has 2 children: A and B. Both predecease X. A leaves child C, who survives X. B leaves children D and E. D survives X, but E predeceases X. E leaves children F and G, both of whom survive X. Will calls for per stirpes distribution, what does everyone get?

Answer 13

C gets half, D gets a quarter, F and G both get 12.5%

Question 14

Generally, how are adopted children treated in intestacy?

Answer 14

an adopted child is always treated as a natural child of the adopting parents.

Question 15

Regarding the adopted child’s natural parents, the adoption _________ the relationship.

Answer 15

severs

Question 16

The relationship to the natural parent is not severed if the adoption is by who?

Answer 16

the spouse or domestic partner of the natural parent, or after the death of either of the natural parents.

Question 17

H1 marries W. They have a child C. H1 dies.

W marries H2. H2 adopts C. Who does C inherit from?

Answer 17

C inherits not just from W and H2, but also from H1’s line.

Question 18

As to stepchildren or foster children The child is treated as having been adopted if 3 elements are satisfied what are those elements?

Answer 18

[a] The relationship began during the child’s minority;
[b] It continued throughout the parties’ lifetimes; and,
[c] It is established by clear and convincing evidence that the stepparent or foster parent would have adopted but for a legal barrier.

Question 19

What is an example of a legal barrier to adopt?

Answer 19

The biological parent does not give consent to adopt.

Question 20

What is equitable adoption?

Answer 20

Arises when the parties hold themselves out as parent and child.

Question 21

A child born during the domestic partnership is _________ to be the child of the non-birthing domestic partner.

Answer 21

presumed

Question 22

If the non-birthing domestic partner and the birthing domestic partner formed (or even just attempted to form) a domestic partnership in a lawful manner after the child’s birth and when is a parent child relationship established?

Answer 22

[i] the non-birthing domestic partner is named on the birth certificate,
or [ii] the non-birthing domestic partner makes a voluntary promise to pay child support or is ordered to do so by a court, then a parent-child relationship is presumed to be established between the child and the non-birthing domestic partner.

Question 23

How do half bloods inherrit

Answer 23

the same as whole bloods