Intestacy

Question 1

When Do Intestate Distributions Apply?

Answer 1

Descendent left no valid will, Didn’t make complete distribution (partial intestacy) Successful Will Contest

Question 2

Intestate Share of Surviving Spouse (Original UPC)

Answer 2

No descendents or parents survive = All

Descendants survive, children of you and your spouse = 1st 50k plus 1/2 of any balance.

Descendants survive, some children not from you and your spouse = 1/2

No descendants, but parents survive = 1st 50k plus 1/2

Question 3

Intestate Share of Surviving Spouse (Revised UPC)

Answer 3

No descendants or parents = All

Descendants survive, children of you and your spouse spouse has no other descendants = All

Descendants survive, some children not from you and your spouse = 1st 225k (150k) plus 1/2 of any balance

Descendants survive, some no descendants of surviving spouse = First 150K (100K) plus ½ of any balance

Parents Survive = First 300k (200k) plus ¾ of any balance

Question 4

Inheritance by Descendants

Answer 4

Per Stirpes = Always cut at child level.

Per Captia = Always cut at first generational level of living takers.

Per Captia At Each Generation = Always cut a first generational level of living takers, then any shares of deceased person are combined and divided equally among takers at next level.

Question 5

Distribution if No Spouse or Descendants

Answer 5

All to parents OR if no parents to descendants of parents (apply per stirpes/per capita)

If no parents or collateral kin = 1/2 to maternal grandparent 1/2 to paternal grandparent

Question 6

Laughing Heir Statute

Answer 6

No inheritance by kind too remotely related than grandparents or descendants of grandparents

Question 7

Intestate Share of Adopted Children

Answer 7

Full inheritance right from adoptive family

Once adopted, child has no inheritance rights from natural parents or their kin.
EXCEPTION:
where child is adopted by spouse of a natural parent.

Question 8

Intestate Share of NonMarital Children

Answer 8

Nonmartial child can inherit from natural father.

PAP
Paternity - was adjudicated in paternity suit
Acknowledgement - man acknowledged in writing.
Probate Proceeding - proven through clear and convincing evidence.