Intestacy Flashcards
What is Intestate Succession?
This involves the distribution of a decedent’s assets that are not disposed of by Will.
What 3 instances do Intestate Succession issues arise?
Decedent dies without a Will
Decedent’s Will does not dispose of all her property
Decedent’s Will is denied probate (successfully contested, or improperly executed)
If Decedent is survived by his spouse and no descendants, what results?
Surviving spouse inherits entire estate.
If Decedent is survived by his spouse and descendants, what results?
Surviving spouse inherits one-half or one-third of decedent’s estate, with remainder to surviving descendants.
Under the UPC, if Decedent and surviving Spouse shared all children then spouse gets entire estate
If Decedent is survived by his descendants and no surviving spouse, what results?
Decedent’s surviving descendants inherit entire estate
If Decedent is not survived by spouse or descendants, what results?
Decedent’s surviving parents inherit entire estate.
However, if no surviving parents, then Decedent’s brothers and sisters would inherit
If Decedent was not survived by Spouse, children, parents, siblings - what results?
Decedent’s estate would go to nieces and nephews, and continue down until taker.
Define Per Capita with Representation (modern per stirpes)
Decedent’s estate is divided amongst the first generation with living takers
Define Per Capita at each generation
UPC and some states
Divided at first generation with living takers, but shares of deceased are combined and divided equally among takers at the next level
Avoids situations where takers are penalized for having bigger families.
How are adopted children treated for purposes of intestate succession?
Treated as same as a natural child and cuts off adoptee’s inheritance rights from his natural parents
Do stepchildren and foster children have inheritance rights?
No, unless adoption by estoppel
Which is where step/foster parent gains custody under an agreement with natural parents to adopt child.
Do non-marital children have inheritance rights?
Yes, inheritance from the mother.
What are the 2 approaches to simultaneous deaths?
USDA approach - property passes as if beneficiary died before the decedent (unless evidence shows decedent died first);
120 hour Rule - beneficiary is only treated as having survived decedent if clear evidence shows that beneficiary survived by 120 hours (5 days).
Slayer Rule
One who wrongly brings death to decedent forfeits his interest in decedents estate.
Property passes as though killer predeceased victim.
If Decedent is survived by his Spouse, and Decedent’s parents, and no kids, how is his estate distributed?
Spouse takes $300,000 + 75% of the Decedent’s estate.
Parents take 25% of Decedent’s estate.
