Intestacy

Question 1

What expenses will Spouse always get?

Answer 1

(HEF)

• Homestead allowance of $15,000
• Exempt Personal Property of $10,000, and
• Reasonable family allowance of $18,000

Note: Spouse will always get HEF whether taking under the will, intestacy, or elective share

Question 2

When can minor children or dependent adult children get HEF?

Answer 2

If the decedent is not survived by a spouse

Question 3

Spouse is alive and so are common children

Answer 3

Spouse will take first $150,000 + half of the remainder of the estate + HEF

Remainder of the estate will go to decedent’s Descendents by representation

Question 4

Spouse is alive but has no children in common with the testator

Answer 4

Spouse will take first $100,000 + half of the remainder of the estate + HEF

Remainder of estate will go to the decedent’s descendants by representation

Question 5

Spouse and Parents are alive but decedent has no descendants

Answer 5

Spouse will get first $150,000 + 75% of the remainder of the estate + HEF

The remainder of the estate passes to the decedent’s parents or surviving parent

Question 6

Decedent leaves a spouse but no parents or decedents

Answer 6

Surviving spouse gets everything

Question 7

Decedent dies without a spouse but with decedents

Answer 7

Estate passes to the decedent’s by representation

Question 8

Who are specifically excluded from the definition of children?

Answer 8

• A foster child
• A stepchild - even if the testator views the stepchild as a child
• Daughter/Son-in-law

Question 9

Who are included in the definition of children?

Answer 9

• An unborn baby
• adopted children
• child born out of wedlock

Question 10

Adoption by Estoppel

Answer 10

Under the equitable doctrine, a child is entitled to inherit as if they were adopted when a parent promises to adopt the child but does not

Question 11

Decedent dies without a spouse and without Descendents, but with parents

Answer 11

The estate will go to their parents equally if both survive or to the surviving parent

Question 12

Decedent dies without a spouse, without descendants, and without parents who qualify

Answer 12

• The descendants of the decedents’s parents or either of them by representation will take
• Basically, the testator’s siblings will take and if the siblings are deceased, their descendants will take
• Applies to half blood and whole blood siblings

If there are no surviving parents or descendants of parents, half will go to paternal grandparents equally if both survive or to the survivor in whole or the descendants of the grandparents, who will take by representation

Question 13

Dividing estate per capita with representation

Answer 13

• Find the first generation where there is an issue alive
• Give one share to each living issue at this generation
• Shares that would have gone to issues that predeceased decedent drop down to next generation
• Distribute remaining shares equally amongst the next generational level