Intestacy (no will or will fails)

Question 2

Advancement?

Answer 2

Advancement: Inter vivos property given to heirs during decedent’s lifetime is treated as an advancement against an heir’s share of the intestate estate, only if 1) decedent declares in a contemporaneous writing that the gift is an advancement against the heir’s share, or 2) heir acknowledges it in writing

Question 4

Per Stirpes Distribution?

Answer 4

Each “root” gets equal share; each “root” of each “root” gets equal share

Question 5

Per Capita Distribution?

Answer 5

(equally by headcount): Each living member of a class of beneficiaries (at each surviving generation of issue, unless stated in will) gets equal share.

Question 6

Presumptive Distribution in CA?

Answer 6

In CA, the presumptive distribution manner is per stirpes (per capita with right of representation) per section 240 of the Probate Code. This presumption may be overridden by specifying in a will or trust.

Question 7

Surviving Spouse Distribution

Answer 7

SS gets ½ CP and QCP (total 100% CP) + at least 1/3 SP depending on surviving kindred or issue

i. Decedent survived by SS only → all SP to SS
ii. Decedent survived by parents or issue of parents → ½ SP to SS, remainder to parents
iii. Decedent survived by 1 child or issue of child → ½ SP to SS, remainder to issue
iv. Decedent survived by 1+ child and/or issue of child → 1/3 to SS, remainder to issu

Question 8

If there is no surviving spouse?

Answer 8

If spouse does not survive decedent, SP passes to issue, then to parents, then to parents’ issue, then to grandparents’ or their issue, then to predeceased spouse’s issue.

Question 9

Adopted Person dies intestate?

Answer 9

Property is distributed among those who would have been kindred.

Question 10

Child Born out of wedlock?

Answer 10

A natural parent may not inherit from the child, unless the parent 1) acknowledged the child and 2) contributed to support or care of the child