Intestacy

Question 1

Under Pennsylvania law, to what property is the surviving spouse entitled through intestacy?

Answer 1

1. If no issue or parents, then the surviving spouse receives all
2. If parents or a child in common, then the surviving spouse is entitled to $30,000 and 1/2 of remaining property
3. If issue are not related to surviving spouse, the surviving spouse only receives 1/2 of the property

Question 2

If the decedent has no surviving spouse, where does the estate pass?

Answer 2

1. To surviving issue,
2. If none, then to parents
3. If none, the issue of her parents
4. If none, then grandparents
5. then grandparent’s issue
6. then surviving aunts and uncles, then their issue
7. then the state

Question 3

What requirements must a spouse satisfy to be entitled to take under the intestacy statute?

Answer 3

Must be legally married, but a good faith belief in validity qualifies

Question 4

If a spouse abandons the other spouse, what happens to intestacy rights?

Answer 4

If for a year or more, forfeiture

Question 5

Is separation sufficient to waive inheritance rights?

Answer 5

No, only a decree of dissolution

Question 6

If a spouse domiciled in PA dies during the course of divorce proceedings, but before a decree has been entered, does the surviving spouse inherit?

Answer 6

No, provided that the grounds for divorce have been established

Question 7

If there is insufficient evidence of the order of death of two individuals, where does the property pass?

Answer 7

Under the Uniform Simultaneous Death Act, each is presumed to have survived the other

Question 8

What evidentiary standard applies to determining time of death under the Uniform Simultaneous Death act?

Answer 8

Clear and convincing evidence

Note: PA does not apply the 120 hour limitation of other states

Question 9

If joint tenants or tenants by the entirety die simultaneously, where does their property pass?

Answer 9

One half of the property goes to each decedent’s estate

Question 10

If an insured and beneficiary die simultaneously without evidence of survival, how will the proceeds be treated?

Answer 10

The proceeds will be treated as if the insured outlived the beneficiary

Question 11

Can the Uniform Simultaneous Death Act be waived by will or agreement?

Answer 11

Yes

Question 12

How is a posthumously born child treated in intestacy?

Answer 12

Rebuttably presumed to be the natural child of the deceased husband (mother is obvious)

Question 13

Is a reference to children in a will deemed to refer to adopted children?

Answer 13

Yes

Question 14

Does adoption curtail inheritance rights between the child and his biological parents?

Answer 14

Yes, but not his kin if there is a familial relationship maintained

Question 15

What are the elements of equitable adoption?

Answer 15

Foster parents and stepparents are treated as adoptive parents for purposes of inheritance if:

1. The relationship began during the child’s minority and continued through his life; and
2. Clear and convincing evidence shows the putative parent would have adopted the child but for a legal barrier

Question 16

Is a reference to children in a will deemed to refer to stepchildren?

Answer 16

No, if the testate has other children

Question 17

If born out of wedlock, when can a child inherit from a natural father?

Answer 17

Under the Uniform Parentage Act, only if paternity has been established

Question 18

When is there a presumption of paternity?

Answer 18

Aside from marriage, a presumption of paternity arises if:

1. The father and mother marry after the child’s birth;
2. the father held out the child as his own and either raised or supported the kid;
3. Paternity proven by C&C evidence

Question 19

Can posthumously conceived children of a parent who dies before conception be entitled to inheritance from a natural father?

Answer 19

Generally no, unless the circumstances suggest otherwise

Question 20

What is the default rule in Pennsylvania for calculating the share of the estate for heirs?

Answer 20

The per capita with representation method

Question 21

What is the per capita with representation method?

Answer 21

Property is divided among the first generation in which at least one member survives the decedent, with shares of each member of that generation who does NOT survive passing to the then-living issue of the non-living member. Dead members without issue receive no shares.