Inheritance Flashcards
SURVIVING SPOUSE INTESTATE SHARE: If survived by spouse but no issue or parent . . .
Entire estate to SS
SURVIVING SPOUSE INTESTATE SHARE: If survived by spouse and parent but no issue . . .
First $30k plus 1/2 of any excess
SURVIVING SPOUSE INTESTATE SHARE: If survived by spouse and issue, all of whom are also issue of the surviving spouse . . .
First $30k plus 1/2 of excess
SURVIVING SPOUSE INTESTATE SHARE: If survived by spouse and issue, some of whom are also issue of the surviving spouse and some of whom are not issue of the surviving spouse. . .
1/2 of estate
If no SS or share not going to spouse then, in order of priority, to . . .
All to issue, if any
If no issue, to parents or survivor
If no issue or parents, to parent’s issue (i.e., D’s brothers and sisters)
PA Intestacy Rule: Issue, whether of D, D’s parents or others, take _________ if all are the same degree of relationship; otherwise they will take _______.
Per capita
By representation (per stirpes)
H has 4 kids: A, B, C, and D. All are living. System and shares?
Per capita
1/4 to each.
H has 4 kids: A, B, C, and D.
A lives and has a child, A1
B lives
C dies and have kids, C1 and C2
D dies and has kids, D1, D2, and D3.
System (why?) and shares?
Per stirpes. Not equally related
A gets 1/4. B gets 1/4. C1 and C2 get 1/8. D1, D2, and D3 get 1/12.
H has 4 kids: A, B, C, and D.
A dies and has a child, A1
B dies
C dies and have kids, C1 and C2
D dies and has kids, D1, D2, and D3.
System and shares?
Per capita (all equally related)
1/6 to A1, C1, C2, D1, D2, and D3.
How does a per stirpes system treat dead descendants without issue?
Ignores them.
Frank gets Maude pregnant. After the child(Cliff) is born, Frank and Maude separate. Thereafter, Maude marries Steve. Steven does not adopt Cliff.
If Maude dies intestate, can Cliff inherit from Maude?
Yes
Frank gets Maude pregnant. After the child(Cliff) is born, Frank and Maude separate. Thereafter, Maude marries Steve. Steven does not adopt Cliff.
If Frank dies intestate, can Cliff–without more–inherit from Frank?
No
Frank gets Maude pregnant. After the child(Cliff) is born, Frank and Maude separate. Thereafter, Maude marries Steve. Steven does not adopt Cliff.
If Frank dies intestate, how can Cliff inherit from Frank?
If Frank marries Maude
If Frank holds Cliff out as his and either receives him into his home or provides him with support
Clear and convincing evidence of paternity.
Frank gets Maude pregnant. After the child(Cliff) is born, Frank and Maude separate. Thereafter, Maude marries Steve. Steven does not adopt Cliff.
If Steve dies intestate, without more, can Cliff inherit from Steve?
No
Frank gets Maude pregnant. After the child(Cliff) is born, Cliff is adopted by the Andersons.
If one of the Andersons dies intestate, can Cliff inherit from them?
Yes
Frank gets Maude pregnant. After the child(Cliff) is born, Cliff is adopted by the Andersons.
If Cliff dies intestate, can the Andersons inherit from him?
Yes
Frank gets Maude pregnant. After the child(Cliff) is born, Cliff is adopted by the Andersons.
If Maude dies intestate, can Cliff inherit from Maude?
No.
Frank gets Maude pregnant. After the child(Cliff) is born, Frank and Maude separate. Thereafter, Maude marries Steve. Steven adopts Cliff.
If Frank treats Cliff as his son (even with the adoption) and then dies intestate, can Cliff inherit?
No.
Frank gets Maude pregnant. After the child(Cliff) is born, Frank and Maude separate. Thereafter, Maude marries Steve. Steven adopts Cliff.
Steven dies intestate. Can Cliff inherit?
Yes
Frank gets Maude pregnant. After the child(Cliff) is born, Cliff is adopted by the Andersons.
If Maude’s mother dies intestate, can Cliff inherit?
Yes, but only if they maintained a continuing family relationship.
When passage of title to property depends of priority of death and there is insufficient evidence that the persons have died otherwise than simultaneously, absent a will provision to the contrary, how does the property of each pass?
As though he survived.
When passage of title to property depends of priority of death and there is insufficient evidence that the persons have died otherwise than simultaneously, how are the testator and beneficiary of a will treated? Effect?
As though the testator survived and the beneficiary predeceased
Will generate a lapse
When passage of title to property depends of priority of death and there is insufficient evidence that the persons have died otherwise than simultaneously, how do life insurance proceeds pass with respect to the insured and the beneficiary?
As if insured survived and beneficiary predeceased.
When passage of title to property depends of priority of death and there is insufficient evidence that the persons have died otherwise than simultaneously, how does joint tenancy with right of survivorship between A and B pass?
1/2 as if A survived and 1/2 as if B survived.
