Intestacy

Question 1

Intestacy

Answer 1

Decedent dies without having made will or its denied probate (total intestacy).

Decedent’s will does not dispose of all of the decedent’s property (partial intestacy).

Question 2

Surviving Spouse - CP

Answer 2

Surviving spouse inherits deceased spouse’s 1/2 of CP and retains the 1/2 it already owns. Thus, the surviving spouse ends up owning all CP. (Same with QCP)

Question 3

Separate Property

Answer 3

SS takes 1/3 if
1. more than 1 child
2. 1 child and the descendants of one or more dead children, or
3. descendants of 2 or more deceased children

SS takes 1/2
1. 1 child
2. descendants of dead child, or
3. no descendants but parent or descendant of parents

SS takes all if no surviving descendant, parent, sibling, or descendant of sibling

Question 4

All Descendants of Same Degree of Relationship

Answer 4

Each receives equal per capita share. Descendant of younger generation cannot take if older generation descendant is still alive.

Question 5

Descendants of Unequal Degrees of Relationship

Answer 5

Property passes per capita with representation
1. Divide property into equal shares at 1st generation with one surviving member
2.

Question 6

Predeceased Spouse

Answer 6

If surviving spouse dies without descendants, the following property the surviving spouse received from the deceased spouse passes to deceased spouse’s heirs instead of surviving spouse’s.
1. real property unless deceased spouse died at least 15 years prior
2. personal property worth over $10,000 unless the deceased spouse died at least 5 years prior

Question 7

Adopted Individuals

Question 8

Nonmarital Children

Question 9

Posthumous Relatives

Question 10

Unworthy Heirs

Question 11

Advancements

Answer 11

Lifetime irrevocable gift intended by donor to be prepayment of an inheritance (similar to wills concept satisfaction).
- writing signed by donor or donee is needed for proof
- Heir has share reduced by the amount of the advancement.
- If it is greater than heir’s intestate share, they need not return the excess.

Question 12

Survival

Answer 12

Heir must outlive the intestate by 120 hours.

Question 13

Disclaimers

Answer 13

An heir cannot be forced to accept an inheritance or gift under will. They may disclaim any interest that would otherwise pass to the,.
Requirements:
1. signed writing
2. identifies decedent
3. describes interest
4. states there is disclaimer
5. filed within n9 months of death