Intestate succession Flashcards
Intestacy
Dies without a will
What is real property?
Actual property such as house
The will is devised to devisees. Through intestacy, real property descends through the decedent’s heirs.
What is personal property?
Moveable items such as cars + jewelry
The testament bequeaths to legatees. Through intestacy, personal property is distributed to next of kin.
T/F: Probate property must be dealt with by the administrator.
True
Name of personal representative for intestate
Administrator
T/F: Non probate property must be dealt with by the administrator.
False; does not!
UPC §2-101 applies to?
Intestate succession
UPC §2-102 applies to?
Share of the surviving spouse
The surviving spouse will inherit ____ if there are no living parents of the decedent or all kids of decedent’s are also all kids of the spouse.
UPC §2-102(1)(A) and (B)
100%
The surviving spouse will inherit _________ if the decedent has living parents.
UPC §2-102(2)
the first $300,000 + 3/4 of the intestate estate
The surviving spouse will inherit _________ if the decedent + SS share kids AND SS has kids outside of the marriage.
UPC §2-102(3)
the first $225,000 + 1/2 of the intestate estate
The surviving spouse will inherit ____________ if the decedent + SS share kids AND the decedent has kids outside of the marriage.
UPC §2-102(4)
the first $150,000 + 1/2 of the intestate balance.
UPC §2-103 applies to?
ancestors and collaterals
What method of representation does both the UPC and NC follow?
Per capita at each generation
UPC §2-105 applies to?
No taker.
If there is no taker under the provisions of this article, the intestate estate passes to the state. [escheats]
