Inheritance

Question 1

SURVIVING SPOUSE INTESTATE SHARE: If survived by spouse but no issue or parent . . .

Answer 1

Entire estate to SS

Question 2

SURVIVING SPOUSE INTESTATE SHARE: If survived by spouse and parent but no issue . . .

Answer 2

First $30k plus 1/2 of any excess

Question 3

SURVIVING SPOUSE INTESTATE SHARE: If survived by spouse and issue, all of whom are also issue of the surviving spouse . . .

Answer 3

First $30k plus 1/2 of excess

Question 4

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. . .

Answer 4

1/2 of estate

Question 5

If no SS or share not going to spouse then, in order of priority, to . . .

Answer 5

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)

Question 6

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 _______.

Answer 6

Per capita

By representation (per stirpes)

Question 7

H has 4 kids: A, B, C, and D. All are living. System and shares?

Answer 7

Per capita

1/4 to each.

Question 8

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?

Answer 8

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.

Question 9

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?

Answer 9

Per capita (all equally related)

1/6 to A1, C1, C2, D1, D2, and D3.

Question 10

How does a per stirpes system treat dead descendants without issue?

Answer 10

Ignores them.

Question 11

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?

Answer 11

Yes

Question 12

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?

Answer 12

No

Question 13

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?

Answer 13

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.

Question 14

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?

Answer 14

No

Question 15

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?

Answer 15

Yes

Question 16

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?

Answer 16

Yes

Question 17

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?

Answer 17

No.

Question 18

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?

Answer 18

No.

Question 19

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?

Answer 19

Yes

Question 20

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?

Answer 20

Yes, but only if they maintained a continuing family relationship.

Question 21

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?

Answer 21

As though he survived.

Question 22

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?

Answer 22

As though the testator survived and the beneficiary predeceased

Will generate a lapse

Question 23

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?

Answer 23

As if insured survived and beneficiary predeceased.

Question 24

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?

Answer 24

1/2 as if A survived and 1/2 as if B survived.

Question 25

Rancher and wife, Lulu are involved in a car accident in which Rancher was killed instantly. Lulu survives 3 days, then dies. Rancher died intestate. Does Lulu take? Why or why not?

Answer 25

No. To inherit from a decedent, you must survive 120 hours. Otherwise you are treated as having predeceased.

Question 26

Rancher and wife, Lulu are involved in a car accident in which Rancher was killed instantly. Lulu survives 3 days, then dies. Rancher dhas a will leaving everything to Lulu. Does Lulu take? Why or why not?

Answer 26

Yes. 120-hour rules only applies to intestacy.

Question 27

H, a widower, gives his daughter A land worth $12k on her birthday. He tells his other 2 daughters, B and C, that they will receive similar gifts when they reach age 25. H dies before the other gifts are made. H dies intestate and leaves an estate worth $78k. Will the gift to A be treated as an advance payment of A’s share of the estate? Why or why not?

Answer 27

No, unless the gift is declared to be an advancement in a contemporaneous writing by either H or A. This is the doctrine of advancement.

Question 28

What is the companion doctrine to advancement (intestacy) for testate estates? How does it differ?

Answer 28

Doctrine of satisfaction.

In PA, a lifetime gift will be treated as having been made in prepayment of a beneficiary’s interest under a will ONLY IF the donor’s acts and declarations show that it was the donor’s intent.

Does not require a writing of any kind.