Intestate Succession

Question 1

When do intestacy rules apply?

Answer 1

1. When decedent left NO will
2. When decedent’s will is DENIED probate
3. when the decedent left a valid will, but it was not a complete disposition of property (partial intestacy)

Question 2

What intestacy distribution method does IL use?

Answer 2

Strict/Classic per stirpes method: One share for each line of living descendants, you ALWAYS divide at the first child level, EVEN IF there are no surviving children (but there are grandchildren in that line etc)

Question 3

How much does the surviving spouse take if decedent is NOT survived by any descendants?

Answer 3

ALL.

Question 4

How much does the surviving spouse take if decedent is survived by any descendants (from either the current or previous marriages)?

Answer 4

1/2 HALF

Question 5

Amy, a widow, dies intestate. She had four children: A,B,C,D. C is dead but has 2 children, and D is dead but had 3 children. How much does each take?

Answer 5

A: 1/4
B: 1/4 
C1: 1/8
C2: 1/8
D1: 1/12
D2: 1/12
D3: 1/12

Question 6

Same, who was single, died intestate and survived by Mom, Dad, and sisters A,B,C. How much would each take?

Answer 6

Each takes 1/5

Question 7

Same, who was single, died intestate and survived by Mom, and sisters A,B,C. How much would each take?

Answer 7

Mom takes 2/5

Sisters each take 1/5

Question 8

what is the rule for inheritance by a child adopted before they were 18?

Answer 8

They have full inheritance rights from the adoptive family and are treated in all respects the same as natural children.

Question 9

What is the rule for inheritance by a stepchild who has not been adopted?

Answer 9

They CANNOT inherit

Question 10

Once a child has been adopted by the new family, can they still inherit from their biological parents?

Answer 10

No. NO inheritance rights from their natural parents. IL seals the records, can’t get the info.

Question 11

Is there an exception to the adopted/natural parent inheritance ban?

Answer 11

Yes, where the child is adopted by the spouse of a natural parent, he is entitled to both inheritances.

Question 12

what is the rule for inheritance by a child adopted AFTER they turn 18?

Answer 12

Adopted child can inherit from the adopting parent, but NOT the adopting parent’s kin.

Question 13

What rights does an illegitimate child have?

Answer 13

Can inherit from FATHER ONLY, but must PAP:

Paternity suit: man was adjudicated to be the father
Acknowledged paternity: man acknowledged he was child’s father during his lifetime OR
Probate proceedings: After the man’s death, he is proved to have been the father of the child in the probate proceedings by “clear and convincing evidence”

Question 14

What is the effect of a lifetime gift to an heir/beneficiary in common law?

Answer 14

Presumed to be an advancement to that child of his share of the intestate share, theory is that parents would always want to treat all children equally.

Question 15

What is the effect of a lifetime gift to an heir/beneficiary in IL (and majority) law?

Answer 15

Lifetime gift is NOT an advancement unless:

1. declared as such in writing by the donor OR
2. Acknowledged as such in writing by the donee

Question 16

Mary gives Blackacre (worth $30,000) to her son Al, stating in writing that this was an advancement of his inheritance. Mary dies intestate with an estate value at $90,000, and two other sons. How much does each son take?

Answer 16

90,000 + 30,000=120,000/3

Al: 40,000-30,000=10,000
B: 40,000
C: 40,000

Question 17

T bequeaths $25,000 to his Niece. Later T gives Niece $10,000 cash. Then T dies. Does the $10,000 cash gift have any effect on the $25000?

Answer 17

No. Lifetime gift to a NON child beneficiary has no effect on the will, unless there was evidence to show the 10Gs was a partial satisfaction of the legacy.

Question 18

What is the satisfaction of legacy doctrine?

Answer 18

States that a lifetime gift to a child named as a beneficiary in an earlier will is presumptively in partial satisfaction of the legacy, but NOT a lifetime gift to any other beneficiary.

Question 19

What does a beneficiary or heir have to do to disclaim an interest?

Answer 19

1. Must be in writing, signed and delivered to decedent’s personal rep/trustee/person in possession of the property
2. NO time limit in IL, but for estoppel reasons can’t disclaim AFTER accepting property etc
3. To be effective for TAX purposes must file within 9 months of death.

Question 20

Why would anyone want to disclaim a gift or inheritance?

Answer 20

1. Avoid gift taxes

2. Avoid creditor claims