Intestate Distribution and Advancements

Question 1

Intestate Distribution

Answer 1

1. Spouse and lineal children: spouse takes all if no children - spouse takes equally w/ children, but no less than 1/3
2. Lineal children per capita and per stirpes
3. Parents - who share equally
4. Siblings - with issue taking sibling’s share per stirpes

***If all the siblings are also dead, the estate is divided EQUALLY among the remaining nieces and nephews NOT per capita/per stirpes

Question 2

Intestancy Rights of Non-Marital Children

Answer 2

Can’t inherit from nonbiological parent unless adopted.

Once adopted, can inherit from biological parent.

Question 3

May Children Born Out of Wedlock Inherit from Father as a Result of Intestancy?

Answer 3

Must prove one of the following to inherit intestate share:

1. A court order has been entered that recognizes paternity;
2. parents marry;
3. father signed (during child’s lifetime) sworn affidavit attesting his paternity;
4. willingly signed a birth certificate;
5. Clear and convincing evidence showing child is of the father;
6. Rebuttable presumption established by DNA testing showing 97% probability of paternity

Question 4

Equitable Adoption

Answer 4

There is an agreement to adopt the child and the parents must have begun the adoption proceedings before the death.

Adopted persons are included in class gift terminology in wills and trusts and in terms of relationship.

Question 5

Advancements

Answer 5

1. Lifetime transfers to beneficiaries that reduce what the heir will receive under a WILL OR INTESTACY
   2.. Donor MUST HAVE INTENT TO MAKE ADVANCEMENT BY WRITING
   3.. Hotchpot
   • Advancement go to hotchpot and divided accordingly.