Intestate Succession

Question 1

When does property pass by intestate succession?

Answer 1

1) decedent dies without having made a will
2) decedents will is denied probate
3) Decedent does not dispose of all his property

Question 2

Intestate Share of Spouse + children

Answer 2

Most states spouse takes 1/3 or 1/2

UPC spouse take entire estate - if all descendants are also descendants of spouse + spouse has no other children

Question 3

Intestate Share of Spouse without children

Answer 3

Most states - spouse takes entire estate

UPC - spouse takes entire estate only if no children or parents.

Question 4

Intestate Share of Children

Answer 4

Majority Rule - Per Capita w/ Representation
Modern Trend + UPC - Per Capita at Each Generational Level
Classic- Per Stirpes

Question 5

Per Capita w/ Representation

Answer 5

Property is divided into equal shares at the first generational level at which there are living takers.

Question 6

Per Stirpes

Answer 6

One share passes to each child of the decedent, regardless of whether there are living takers at that level

Question 7

Per Capita at Each Generational Level

Answer 7

Initial division at the first generational level with living takers, but shares of a deceased member at the initial level are divided equally among the takers at the next level.

Question 8

Shares of Other Heirs (no spouse or issue)

Answer 8

1) parents or surviving parents
2) brothers and sisters and their issue
3) one-half to paternal grandparents and one-half to maternal grandparents and their issue
4) one-half to nearest kin on maternal sine and one half to nearest kin on paternal side
5) estate escheats to the state

Question 9

Intestate Share of Adopted Children

Answer 9

Same as natural children.

Question 10

Intestate Share of Stepchildren and Foster Children

Answer 10

Generally no rights.

Adoption by estoppel permits a child to inherit if there was an unfulfilled agreement to adopt.

Question 11

Intestate Share of Posthumous Children

Answer 11

Must be alive or in gestation at death.

Question 12

Intestate Share of Non marital Children

Answer 12

Always inherits from mother.
Inherits from father if
1) father married the mother after childs birth
2) father was adjudicated to be the father
or
3) after death and during probate the man is proven to be the father.

Question 13

Intestate Share of half blooded Children

Answer 13

Same as whole blooded

Question 14

Disinheritance Clause

Answer 14

CL + Most states - expressly disinheriting is INeffective to intestacy.
UPC + minority - intestate share passes the disinherited as if they disclaimed it.