Intestacy

Question 1

What property passes by intestacy?

Answer 1

All property owned by decedent at death except: property accounted for in valid will, property passing by will substitute

Question 2

Exceptions to blood relatives get property through intestacy (2)

Answer 2

• Spouses

- Adopted Children

Question 3

Do divorces/annulment destroy claims through intestacy?

Answer 3

Yes

Question 4

How long must a person survive to take?

Answer 4

120 hours

Question 5

120 hours must be proven by what type of evidence?

Answer 5

Clear and convincing

Question 6

What happens if the 120 hrs survival is not achieved?

Answer 6

The person is considered predeceased

Question 7

What happens if joint tenants die simultaneously?

Answer 7

1/2 to each estate

Question 8

What happens to an insurance payout if the beneficiary and decedent die simultaneously?

Answer 8

Proceeds distributed as if insured survived the beneficiary

Question 9

When a person dies intestate, who becomes the administrator?

Answer 9

1. the spouse, if they apply
2. next-of-kin, if they apply
3. if more than one next of kin applies, court decides
4. creditor of decedent

Question 10

Order of intestacy

Answer 10

1. Spouse
2. Children
3. Parents
4. Siblings
5. Other relatives

Question 11

How intestate property is distributed

Answer 11

• 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

Question 12

Modern per stirpes

Answer 12

Property divided at the first level that has a living descendant

Question 13

How is property distributed to other relatives?

Answer 13

First to grandparents and their descendants. if no one is found, move to great grandparents and so on

Question 14

What is a laughing heir?

Answer 14

Very distant relatives of descendant’s

Question 15

Who do adopted children inherit from?

Answer 15

Legal parents, not biological (reverse is also the same)

Question 16

Can adopted children inherit from adoptive relatives and genetic relatives?

Answer 16

Adopted child inherits from adoptive relatives and also from genetic relatives ONLY IF the child is adopted by a step-parent

Question 17

In TN, does it matter if you’re adopted after 21?

Answer 17

Yes, children adopted over 21 are not included in “heirs, issue, children, descendants, or the like” unless a contrary intention is clear

Question 18

Is adoption by estoppel recognized in TN?

Answer 18

No

Question 19

In TN an adopted child’s right to inherit is contingent on what? (2)

Answer 19

1. substantial compliance w/ adoption statute OR

2. a contract of adoption and inheritance

Question 20

Do children born out of wedlock take from their mother?

Answer 20

Yes, always

Question 21

Do children born out of wedlock take from their father?

Answer 21

Yes, IF 1) the parents ever participated in a marriage ceremony or 2) paternity is established by clear and convincing evidence (1 year)

Question 22

Can a father have a child out of wedlock and then inherit from that child?

Answer 22

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

Question 23

When is a man presumed to be a child’s father?

Answer 23

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.

Question 24

How does intestacy work with in vitro fertilization?

Answer 24

If the child was not conceived before his father’s death they could not receive the father’s inheritance benefits

Question 25

Ways people can be barred from taking (6) AHDADP

Answer 25

1. Advancement
2. Homicide
3. Disclaimer
4. Aliens
5. Divorce
6. Parental misconduct

Question 26

How do you disinherit someone?

Answer 26

A testator may disinherit an heir only by giving his property to others. AKA, you can’t disinherit through intestacy

Question 27

How to prove someone got an Advancement in TN

Answer 27

Provide written evidence

Question 28

Who do advancements apply to?

Answer 28

Children of the decedent

Question 29

Slayer rule

Answer 29

Murderer doesn’t get their inheritance (feloniously and intentionally)

Question 30

Does the Slayer rule include the slayer’s decedents?

Answer 30

No, slayer is treated as if they predeceased decedent

Question 31

What does it mean to disclaim inheritance?

Answer 31

Say you don’t want it

Question 32

Can aliens take in TN?

Answer 32

Yes, just like everyone else