Intestate distribution systems

Question 1

Three types of intestate distribution systems

Answer 1

1. Per stirpes (the law in Florida)
2. Per capita with representation (modified per stirpes)
3. UPC system (per capita at each generation)

Question 2

Per stirpes distribution scheme

Answer 2

Each branch of the family receives an equal share

If D has children A and B, and A has two children and B has one child, and A and B predecease D, A’s two children will split A’s share of 50% (so 25% to each) and B’s child will receive B’s full share (so 50% to him).

Question 3

Per capita with representation

Answer 3

Also known as modified per stirpes

Basically the same as per stirpes, except that it jumps to the first generation of descendants that contain living members

Once a generation with living members is reached, the per capita with representation system is identical

If D has children A and B, and A has two children and B has one child, and A and B predecease D, the 3 grandchildren of D will receive equal 1/3 shares of the estate

Question 4

Per capita at each generation

Answer 4

If there is a generation that is going to be skipped (because all dead in that generation), the next generation receive per capita distributions as if they were the next generation in line

If D has children A, B, and C, and A has two children, B has one child, and C has two children, and B and C predecease D, then B and C’s share are combined and divided equally between the 3 children.

Question 5

What is Florida’s distribution scheme?

Answer 5

Florida follows a pure per stirpes system for descent of an intestate estate; but if you have a will you can choose which distribution scheme you want

Question 6

Can you disinherit someone in your will?

Answer 6

In Florida you cannot disinherit a minor child

Under the UPC (but not Florida) you can have a will that does nothing but disinherit a person or persons

Question 7

How long do descendants have to survive the decedent in order to inherit their share?

Answer 7

In Florida the descendants must survive by a split second

Under the UPC system (per capita at each generation), descendants must survive by 120 hours and clear and convincing evidence