Intestacy

Question 1

What is a striving spouse

Answer 1

must be legally married to the decedent at the time of death and must also survive the dependent by 120 hours to take by intestacy.

Question 2

What is a community property share

Answer 2

At death, the surfing spouse is entitled to 1/2 of the CP. The serving spouse of an intestate decedent is also entitled to the decent 1/2 CP and quasi-CP.

Question 3

What SP share may a serving spouse have upon supposes death?

Answer 3

this depends o the serving lineal descendants.

• no serving realties 100%
• if there is one serving relative of the d, the serving spouse gets 1/2 of the decedents SP the other surviving relative gets 1/2
• it there are two or more serving relatives, the serving spouse gets 1/3 of the decedents SP and the other relatives get 2/3 split equally

Question 4

What is an issue?

Answer 4

Refers to lineal descendants of the tester, including children, grand children and great GC.

Question 5

How does an estate calculate she per capita with representation

Answer 5

if the serving issues are all equal degree of kinship the property passes equally to each persons

Question 6

How does an estate calculate shares per capital with rep

Answer 6

If the serving issue are not of equal kinship, the property is divided at the first generation in which at least one member services the decedent. . The shares that would go to the member that predeceased the decedent would go to hi/her issue