Intestacy

Question 1

What does it mean to die “intestate?”

Answer 1

Either died:

• without a will;
• the will/trust failed;
• not all of the estate is disposed of by will

Question 2

How does FL distribute property in intestacy (per stirpes or per capita)?

Answer 2

FL distributes per stirpes

Question 3

What is the difference between per stirpes & per capita?

Answer 3

• per stirpes = begins @ the 1st generational line

- per capita = begins @ the 1st living line

Question 4

What is the intestate share of the surviving spouse if there are no descendants?

Answer 4

the entire estate

Question 5

What is the intestate share of the surviving spouse (SS) if there are only children from the SS and decedent?

Answer 5

the entire estate

Question 6

What is the intestate share of the SS if either party had children outside of their relationship?

Answer 6

1/2 of the estate

Question 7

What effect does a divorce have on surviving spouse’s share?

Answer 7

Divorce cuts off a surviving spouse’s rights - marriage must exist @ the time of decedent’s death

Question 8

May a surviving spouse who is legally separated from the decedent still inherit?

Answer 8

Yes

Question 9

What is the protocol for intestate distribution for heirs other than the surviving spouse? (6 steps)

Answer 9

1) down to descendants;
2) up to parents;
3) sideways to siblings;
4) up up to grandparents;
5) last deceased spouse;
6) escheat to State.

Question 10

May adopted children inherit from their adoptive parents?

Answer 10

Yes - adopted children are treated like natural children

Question 11

May stepchildren or foster children inherit?

Answer 11

No - stepchildren and foster children have no inheritance rights

Question 12

What is a posthumous child? May they inherit from their deceased parent?

Answer 12

• One who is conceived, the parent died, and then was born

- yes, they inherit as if they were born before the parent’s death

Question 13

May nonmarital children inherit from their mother?

Answer 13

Yes - they are assumed to be the child of their mother in all cases

Question 14

May nonmarital children inherit from their father?

Answer 14

Only if:

• natural parents get married;
• Court establishes paternity;
• father acknowledges in writing.

Question 15

May half-blood relatives inherit?

Answer 15

Yes, but only:

• from collateral kin (half-siblings);
• 1/2 as much as full siblings.

Question 16

What is the Simultaneous Death Rule in FL?

Answer 16

If there is insufficient evidence to determine the order of death, proceed as if the beneficiary died before the decedent.

Question 17

What are the requirements for a disclaimer?

Answer 17

1) in writing;
2) signed;
3) witnessed/notarized;
4) delivered.

Question 18

When can you not make a disclaimer?

Answer 18

if you:

1) accept the property/benefits;
2) use property as collateral;
3) sell via court proceeding; OR
4) *are insolvent.

Question 19

What is a slayer statute?

Answer 19

A beneficiary in a will cannot collect if they cause the decedent’s death.

Question 20

What are the requirements to make an advancement in FL?

Answer 20

Must be:

1) in writing;
2) intended by the D to be adv.;
3) valued @ the time it is made.