Intestacy

Question 1

When does a decedent die intestate?

Answer 1

1. Died without a will; or

2. Will does not dispose of all property

Question 2

Share of Surviving Spouse

Answer 2

If decedent has descendants, Spouse takes 1/2 of estate (unless the descendants are shared with the spouse)

If decedent has no descendants, spouse takes entire estate

Question 3

Classic per stirpes

Answer 3

One share created for each child & each deceased child with a surviving descendant (surviving issue takes deceased parent’s share)

Question 4

Per capita with representation

Answer 4

Divide property into equal shares at the first generational level with surviving descendants—surviving issue takes share of deceased parent

Question 5

Per capita at each level

Answer 5

Equal relation, equal share

Question 6

If decedent dies without a spouse or descendants, property passes in the following order

Answer 6

1. Parents
2. Brothers & sisters
3. 1/2 to paternal, 1/2 to maternal grandparents
4. 1/2 to nearest paternal/maternal kin

Question 7

Adopted child inheritance rights

Answer 7

Inherits from adoptive parents as a biological child would

Question 8

Non-marital child inherits from father if:

Answer 8

1. Father married mother;
2. Father adjudicated to be child’s father; or
3. Man proved to be father with clear and convincing evidence

Question 9

Advancement of intestate share

Answer 9

A lifetime gift to an heir with the intent that the gift be applied against any share inherited intestate. To be declared an advancement, it must be in writing by the donor or acknowledged in writing by the heir

Question 10

How long must an heir survive a decedent to take intestate share?

Answer 10

120 hours

Question 11

Disclaimer

Answer 11

Heirs can disclaim their intestate share if it is written, signed & acknowledged before a notary & filed within 9 months of decedent’s death