Intestacy Flashcards
What property passes by intestacy?
All property owned by decedent at death except: property accounted for in valid will, property passing by will substitute
Exceptions to blood relatives get property through intestacy (2)
- Spouses
- Adopted Children
Do divorces/annulment destroy claims through intestacy?
Yes
How long must a person survive to take?
120 hours
120 hours must be proven by what type of evidence?
Clear and convincing
What happens if the 120 hrs survival is not achieved?
The person is considered predeceased
What happens if joint tenants die simultaneously?
1/2 to each estate
What happens to an insurance payout if the beneficiary and decedent die simultaneously?
Proceeds distributed as if insured survived the beneficiary
When a person dies intestate, who becomes the administrator?
- the spouse, if they apply
- next-of-kin, if they apply
- if more than one next of kin applies, court decides
- creditor of decedent
Order of intestacy
- Spouse
- Children
- Parents
- Siblings
- Other relatives
How intestate property is distributed
- If no child, spouse gets 100%
- If children, spouse gets 1/3 or a child’s share, whichever is greater
- If no spouse, first to issue, then to parents, then siblings, then issue of siblings, then grandparents, then issue of grandparents, then escheats to the state
Modern per stirpes
Property divided at the first level that has a living descendant
How is property distributed to other relatives?
First to grandparents and their descendants. if no one is found, move to great grandparents and so on
What is a laughing heir?
Very distant relatives of descendant’s
Who do adopted children inherit from?
Legal parents, not biological (reverse is also the same)
Can adopted children inherit from adoptive relatives and genetic relatives?
Adopted child inherits from adoptive relatives and also from genetic relatives ONLY IF the child is adopted by a step-parent
In TN, does it matter if you’re adopted after 21?
Yes, children adopted over 21 are not included in “heirs, issue, children, descendants, or the like” unless a contrary intention is clear
Is adoption by estoppel recognized in TN?
No
In TN an adopted child’s right to inherit is contingent on what? (2)
- substantial compliance w/ adoption statute OR
2. a contract of adoption and inheritance
Do children born out of wedlock take from their mother?
Yes, always
Do children born out of wedlock take from their father?
Yes, IF 1) the parents ever participated in a marriage ceremony or 2) paternity is established by clear and convincing evidence (1 year)
Can a father have a child out of wedlock and then inherit from that child?
Only if the father has openly treated the child as his own during the child’s life AND the father has not refused to support the child
When is a man presumed to be a child’s father?
The man and the child’s mother are married and the child is born during the marriage or within 300 days after the marriage is terminated by death, annulment, declaration of invalidity, or divorce.
How does intestacy work with in vitro fertilization?
If the child was not conceived before his father’s death they could not receive the father’s inheritance benefits
Ways people can be barred from taking (6) AHDADP
- Advancement
- Homicide
- Disclaimer
- Aliens
- Divorce
- Parental misconduct
How do you disinherit someone?
A testator may disinherit an heir only by giving his property to others. AKA, you can’t disinherit through intestacy
How to prove someone got an Advancement in TN
Provide written evidence
Who do advancements apply to?
Children of the decedent
Slayer rule
Murderer doesn’t get their inheritance (feloniously and intentionally)
Does the Slayer rule include the slayer’s decedents?
No, slayer is treated as if they predeceased decedent
What does it mean to disclaim inheritance?
Say you don’t want it
Can aliens take in TN?
Yes, just like everyone else
