Intestacy

Question 1

Intestacy

Answer 1

A default estate plan developed by the legislature- the decedent’s actual intent is irrelevant

Question 2

Simultaneous Death

Answer 2

Under USDA, an heir must be proven by clear and convincing evidence to have survived the decedent by 120 hours, otherwise each is treated as though the predeceased the other

Question 3

Spouse

Answer 3

Legally married partner

Question 4

Spouse + Shared Descendants

Answer 4

Surviving spouse takes entire estate

Question 5

Spouse + Parent

Answer 5

Surviving spouse takes $300,000 and 75% of remaining estate

Question 6

Spouse + Shared Descendants + Spouse’s Kids

Answer 6

Surviving spouse takes $225,000 and 50% of the remaining property

Question 7

Spouse + Non-Spousal Kids

Answer 7

Surviving spouse takes $150,000 and 50% of the remaining property

Question 8

Just Spouse

Answer 8

Surviving spouse takes entire estate

Question 9

No Heirs

Answer 9

Property escheats to the state

Question 10

Issue

Answer 10

Descendant’s lineal line- must be a parent-child relationship

Question 11

Adoptive Children

Answer 11

• Treated just like biological

- Stepparent adoption: does not prevent adoptee from inheriting from other genetic parent

Question 12

Posthumously Born Children

Answer 12

Rebuttable presumption that child is husband’s if born within 280 days of husband’s death (UPA is 300)

Question 13

Per Stirpes

Answer 13

Divide shares equally starting with first generation who survives or has surviving issue

Question 14

Per Capita with Representation

Answer 14

Divide property equally at first generation where a member survives the decedent

Question 15

Per Capita at each Generation

Answer 15

Divide property into equal shares at first generation where there is a surviving member, then pool and distribute equally at each generation

Question 16

Disinheriting Children

Answer 16

UPC allows; must be done by a properly executed will