Intestacy

Question 1

When is intestacy applicable?

Answer 1

Intestate succession is applicable when the decedent dies without a will or if the will is invalid in whole or in part, or does not make a total distribution.

Question 2

Share for surviving spouse: community property

Answer 2

If the decedent is married, the spouse will receive one half of community property and one half of QCP acquired by the decedent.

So – all community property and quasi community property (bc had already one 1/2 of CP and 1/2 of QCP)

Question 3

Share for surviving spouse: separate property

Answer 3

Spouse gets everything if decedent did not leave issue, parent, brother, sister or issue of a deceased brother or sister.

Spouse gets 1/2 of the SP is decedent is survived by 1 lineal descendant or by a parent or issue of parent.

Spouse gets 1/3 of the decedent’s SP if the decedent is survived by more than 1 lineal decedent.

Question 4

Share for children? + are adoptive children, children for purposes of intestate succession?

Answer 4

In CA, if there is no surviving spouse - the entire estate passes to the decedent’s surviving issue.

If the issue are of the same generation, they take equally (per capita)

If they are not of the same generation: they take per capita w/ representation.

Adopted children are children for purposes of intestate succession.

Question 5

What is advancement?

Answer 5

Inter vivos property given to heirs during decedent lifetime is treated as an advancement against an heir’s share of the intestate estate only if
(1) decedent declares in a contemporaneous writing that the gift is an advancement against the heir’s share or
(2) heir acknowledges it in writing.