Intestate succession

Question 1

total intestacy

Answer 1

decedent dies without will or will is denied probate

Question 2

partial intestacy

Answer 2

person did die with a will but the will did not dispose of all the property

could be because of bad will drafting

could be because all heirs die before the decedent so no one to take the decedent’s property

Question 3

Law of domicile

Answer 3

law of domicile (CL or community) at time property was acquired

Question 4

what law used for personal property

Answer 4

law of decedent’s (dead person) domicile at death

Question 5

what law used for real property

Answer 5

law of situs aka where land (real property) is located…and the inheritance will vary by state laws

Question 6

at classic per stripes divide at

Answer 6

first generation and only consider living at the first gen and if not living at first gen but have heirs, WILL get a share that get split to heirs

scenario: A-dead but has 2 son; B - dead, no heirs; C - alive

split: A’s sons each get ¼ (because A gets ½ and that ½ gets split into 2); B gets nothing (because no heirs); C- ½

Question 7

at modern per stripes divide at

Answer 7

first generation with surviving member

scenario: A-dead but has 2 sons; C - alive

split: at C’s generation 1st; C will get ½; A’s sons each get ¼

Question 8

at per capita at each generational level aka UPC approach divide at

Answer 8

first generation with surviving member and then pool the shares of the dead ppl from first gen and split evenly amongst the living sub-gens (ie grandkids)

scenario: A-dead but has 2 son; B - dead but has 1 son; C - alive; D - alive

Split: first living gen is C&D but 4 original ppl so, each gets ¼ → then pool A + B and get ½ and then split the ½ into 3 parts for A’s two sons and B’s one son each getting 1/6

Question 9

do adopted kids inherit from adoptive parents

Answer 9

yes, treated as part of the family tree…so adopted kids can also take from granparents etc

Question 10

do adopted kids inherit from bio parents

Answer 10

depends

Question 11

do adoptive parents take from adopted child

Answer 11

yes

Question 12

do bio parents take from adopted child

Answer 12

no

Question 13

do stepkids inherit

Answer 13

most states no

Question 14

adoption by estoppel

Answer 14

there was an unfilled agreement to adopt the kid, parent died before following through the adoption but because of that unfulfilled agreement, the kid can be considered adopted and thus, inherit

Question 15

do kids who are kids of unmarried parents (aka non-marital children) inherit?

Answer 15

mother: will inherit from mother
father: need additional steps

1. father marries mother after childs birth (travis marries kylie after stormis birth)
2. father has been deemed the father in a paternity suit aka thru a dna test (you are the father!!)
3. after fathers death and during probate proceedings, father proven to be father of child

Question 16

do kids who are half-bloods inherit from same parents

(ie brody jenner and kylie jenner)

Answer 16

UPC + most states: yes, kids will inherit equally (so brody + kylie will take equally from Caitlyn)

some jx: give half-sibs, half shares or no share if whole blood sibs exist

Question 17

disinheritance clause at CL

Answer 17

CL + most states: clause is ineffective if person dies without a will … so the dead person has to dispose of everything to effectively disinherit