Intestacy

Question 1

Calculating SEPARATE estate

Answer 1

Survived by:

1) Spouse and no descendants, SS takes=
ALL dead guy’s separate personal prop
1/2 of dead guy’s real property
the rest goes to ancestors or collaterals (up)

2) Spouse and ONE descendant, SS takes=
1/3 of dead guy’s separate personal prop
life estate in 1/3 of dead guy’s separate real prop
remaining assets go up to ancestors or collaterals

3) No spouse= entire sep estate goes to descendants
if no descendants= ancestors/collaterals
NO heirs= escheats to the state

Question 2

3 forms of will administration

Answer 2

1) muniment of title
2) independent administration
3) dependent administration

Question 3

Calculating Community Shares

Answer 3

1) Spouse and NO surviving descendants=
spouse gets dead guys’s half of CP
spouse now has 1/2 dead guy’s and 1/2 of hers making ALL CP

2) Spouse and one surviving descendant NOT RELATED to surviving spouse=
Descendant gets all dead guy’s CP (think stepkid)

3) Spouse and one surviving descendant RELATED to SS=
spouse gets all dead guy’s CP
spouse now has 1/2 dead guy’s and 1/2 of hers making ALL CP

Question 4

Spouse for intestancy

Answer 4

• a legally married partner
• not an unmarried cohabitant
• if marriage lasted less than 3 years, can challenge the marriage on the ground that the decedent lacked capacity to consent to the marriage
• if proven, marriage can be declared void

Question 5

No heirs

Answer 5

if decedent dies leaving no heirs, the property escheats

to the estate

Question 6

issue

Answer 6

• has to be some parent-child relationship

- decedent’s lineal line

Question 7

adoptive children

Answer 7

• can inherit from decedent just like biological children
• effect of adoption is to sever child’s relationship with natural parents
• foster parents and stepparents are recognized for purposes of inheritance

Question 8

Adoption by estoppel

Answer 8

• a parent makes a promise to a child or acts in a way to give the impression that they have a parent-child relationship
• tx courts have only applied in wills not intestacy
• can still inherit from genetic parent

Question 9

-posthumously porn children

Answer 9

• child conceived before, but is born after, the death of the mother’s husband
• child will inherit from father/husband as if child was born before dad died

Question 10

Calculate issue’s share

Answer 10

-per capita with representation