Intestacy

Question 1

What is the order of preference for inheritance?

Answer 1

1. Children (and Grandchildren)
2. Parents
3. Siblings
4. Grandparents (no representation unless all are deceased)
5. Issue of grandparents
6. Issue of predeceased spouse
7. Nearest collateral
8. Parents, then siblings of a predeceased spouse

Question 2

A Surviving Spouse’s share of an estate is:

Answer 2

1. The one-half of decedent’s community property
2. The one-half of decedent’s quasi-community property
3. A - Everything if decedent doesn’t have children, parents, siblings, or nieces and nephews.
   B - 50% if decedent leaves only one child or grandchildren of the lone child; OR parents or siblings
   C - 33% if decedent has more than one living or dead child

Question 3

A Surviving Spouse takes 50% of separate property of his or her deceased partner when:

Answer 3

1. One child (or grandchild of deceased lone child)
   OR
2. Parents or siblings

Question 4

A Surviving Spouse takes 33% of separate property of his or her deceased partner when:

Answer 4

1. More than one child
   OR
2. Some number of grandchildren from multiple children (alive or dead)

Question 5

Adoption affects a parental relationship by:

Answer 5

Severing, unless
(1) natural parent and adopted person lived together as parent and child at any time;
OR . . . .
(2) Adoption by the spouse of a natural parent

Question 6

A natural father is:

Answer 6

1. Married to mother
2. Received child as his and held the child out as his
3. Found by a court to be the father in either a paternity action during the lifetime, by probate that dad admitted kid was his; or by probate that it was impossible to hold the child out but clear and convincing evidence shows he was Dad

Question 7

A natural parent can’t inherit from their child when:

Answer 7

1. parental rights were terminated and parent-child relationship was not judicially reestablished
2. The parent did not acknowledge the child
3. (a) The parent [left the child during the child’s minority without an effort to provide for the child’s support,] or (b) [without communication from the parent, for at least seven consecutive years that continued until the end of the child’s minority, with the intent on the part of the parent to abandon the child.]

Question 8

A natural parent who is disallowed from inheriting from their child is treated as:

Answer 8

Deceased

Question 9

Children born after decedent’s death are treated as if:

Answer 9

They were alive at the time the decedent died, so long as they were conceived prior to death

Question 10

A child conceived after the decedent’s death can inherit if:

Answer 10

Decedent specified his/her genetic material was to be used for conception through a signed document

Question 11

If a person would be entitled to two shares in intestacy they are eligible:

Answer 11

For only one share

Question 12

For a foster parent to be considered a parent for intestacy the following conditions must be met:

Answer 12

1. relationship of parent and child began during minority and continued throughout life of child; and
2. clear and convincing evidence shows foster parent would have adopted

Question 13

Sperm bank children are treated as what for purposes of intestacy?

Answer 13

As nothing - they do not create a parent-child relationship for the father

Question 14

A person who feloniously and intentionally kills the decedent is:

Answer 14

not eligible for an interest in the will of the decedent or a share in intestacy

Question 15

If a person dies within _ days of the decedent, she/he is treated as ___

Answer 15

If a person dies within 5 days of the decedent is treated as if he or she died before the decedent

Question 16

Disclaiming an interest can be accomplished by

Answer 16

A writing particularly describing the interest and filed within a reasonable time after the death of the deceased; if so disclaimed the disclaimer is treated as if he or she was dead

Question 17

For a gift to be an advancement, this is required:

Answer 17

Either
1. Declaration in contempraneous writing that gift is advancement by decedent,
OR
2. Heir acknowledges gift as an advancement

Question 18

An advancement against an intestate estate is treated as what for purposes of distributing an intestate estate?

Answer 18

The advancement is treated as returned – that is, if an heir received a $10 advancement, that $10 is added to the estate before the division of the estate’s assets. Then the advancement ($10) is subtracted from the heir’s resulting share.
However, if an heir has been advanced a greater amount than he is entitled to, the heir is treated as if he/she does not inherit