Inheritance by Intestacy

Question 0

Children Share

Answer 0

Any part of estate not distributed to spouse

belongs to issue of decedent

Question 1

Spouses intestate Share

Answer 1

decedent with no issue - spouse gets all

decedent with Issue - $50k plus 1/2 of remainder of estate. Remainder to issue

Question 2

Pre-deceased children with surviving issue

Answer 2

surviving grandchildren can take deceased ancestors share by representation

Question 3

NY method of allocating shares

Answer 3

per capita at each generation

Each representative at each generation share equally

Question 4

4 steps to distribution method

Answer 4

find closest generation with at least one survivor
count number of people in that generation, living and dead with issue
allocate one share to each living member of generation
unallocated amount drops to next generation
divide amount among all members of next generation and allocate shares

Question 5

Parents

Answer 5

decedent has no spouse and no single living descendent

estate passes to parents shared equally

Question 6

Siblings

Answer 6

no spouse, issue, parents
siblings take in equal shares
if siblings predecease but are survived, their share falls to heirs

Question 7

Decedent with no issue, siblings, or parents

Answer 7

Estate divided and given to grandparents and their issue
50% to maternal 50% to paternal
distribute down generation by representation

Question 8

When you end up at the grandparents stage looking for takers

Answer 8

issue is limited to children and grandchildren of deceased grandparents

Question 9

Share taken by relative of the half blood

Answer 9

take the same share as a relative of the whole blood

Question 10

Adopted children

Answer 10

has full rights to inherit by, from, and through his parents
and parents relatives

legal relationship and biological parents ended for inheritance
EXCEPT = adoption by stepparent does not alter rights of adopted child to inherit from birth parents

Question 11

Foster Parents and Stepparents

Answer 11

you do not inherit from these

Question 12

Adoption by estoppel

Answer 12

adult taking custody based on agreement to adopt
then fails to make adoption happen
adult is estopped from denying existence of parent-child relationship
for inheritance purpose

Question 13

Posthumous children

Answer 13

relative conceived before but born after decedents death
inherit as if born during decedents lifetime

child conceived after death of either biological parent cannot inherit from or through that parent (artificial insemination)

Question 14

Non-marital child and the mother

Answer 14

always the legal child of his mother and has full inheritance rights

Question 15

non-marital child is legal child of father if

Answer 15

paternity has been established by

1. marriage
2. order of paternity entered during fathers lifetime
3. acknowledgement in instrument observing certain formalities
4. clear and convincing evidence and open and notorious acknowledgement by the father that the child is his
5. dna evidence

Question 16

Posthumous blood test for paternity

Answer 16

if father open and notoriously acknowledged during his lifetime

Question 17

Advancement

Answer 17

irrevocable lifetime gift
intended by donor to satisfy fully or partially
an anticipated inheritance through will or intestate succession

Question 18

Elements necessary to prove Advancement

Answer 18

1. writing contemporaneous with gift
2. signed by donor
3. must evidence intent to be treated as advancement

will reduce value of intestate’s share

Question 19

Hotchpot

Answer 19

if lifetime gift is treated as advancement
heir must return advancement (on paper) to hotchpot
in order to take anything additional from decedents estate

if gift is greater, no need to return gift to estate