Intestacy - Issue

Question 1

What is the legal effect of step-parent adoption?

Answer 1

1. Creates parent-child relationship for purposes of inheritance
2. Won’t prevent adoptee from inheriting from other genetic parent

Question 2

When is there a rebuttable presumption that a child born after the death of the father is the child?

Answer 2

Born within 280 (300 in UPA) days of father’s death - otherwise, child needs to prove parentage

Question 3

What is per stirpes allocation?

Answer 3

Always divide evenly at the first generation below the decedent regardless of whether they’re alive or not and it goes down each branch, skipping over any predeceased

Question 4

What is per capita allocation?

Answer 4

Starts at the first generation with any surviving descendants and anyone in the generation gets something if (1) they survive or (2) have descendants

Question 5

What is per capita at each generation allocation?

Answer 5

Starts at the first generation with any surviving decedents and repools any remaining assets to distribute evenly in the generation below