Intestate Distribution

Question 1

What is intestacy?

Answer 1

There is no will or will fails… Intestate succession based on state law will apply.

Question 2

What is Per Stirpes distribution?

Answer 2

It is per capita with right of representation… Each “root” gets equal share; each “root” of each “root” gets equal share….

Example:
Start with the children root: Divide the inheritance into equal shares for each branch (child) of the decedent.

If a child is deceased: That child’s share passes down to”root” their descendants (if any) and is divided equally among them.

No descendants? If a deceased child has no “root” descendants, their share is split among the remaining branches.

Question 3

What is per capita distribution?

Answer 3

Think “equally by headcount… not root”

Each living member of a “class of beneficiaries” gets an equal share…

The estate is divided equally among the living heirs at the same generational level.

No inheritance automatically “sticks to a root” like in per stirpes. Instead, the pool of eligible heirs adjusts based on who is alive.

Question 4

Which type of distribution is presumed in CA?

Answer 4

Per Stirpes (per capita with right of representation.)

*This presumption may be overcome in will or trust.

Question 5

What is a surviving spouses community property and separate property interest if they have no children?

Answer 5

Spouse gets all community CP/QCP and all SP.

Question 6

What is a surviving spouses community property and separate property interest if they have one child?

Answer 6

Spouse gets all CP/QCP and SP is split 50/50.

Question 7

What is a surviving spouses community property and separate property interest if they have two or more children?

Answer 7

Spouse gets all CP/QCP, and SP is split 1/3 to surviving spouse and remaining 2/3 among children.

Question 8

What is a surviving spouses community property and separate property interest if decedent is survived by parents or issue of parents?

Answer 8

Spouse gets all CP/QCP, and SP is split 1/2 to surviving spouse and remaining 1/2 to remainder parents.

Question 9

What happens if there is no surviving spouse?

Answer 9

Separate property to issue, then to parents, then to parent’s issue, then to grandparents or their issue, then to predeceased spouses issue.

Question 10

How can a child out of wedlock recover under intestate succession?

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 child.