Intestate Succession Flashcards
Per Capita with Representation (MAJORITY)
The property is divided into equal shares at the first generational level at which there are living takers, with the shares of each deceased person at that level passing to his issue by right of representation.
Per Capita Generational Level Scheme
The initial division is made at the first generational level at which there are living takers, but the shares of the deceased persons at that level are combined and then divided equally among the takers of the next generational level.
Per Stirpes
One share passes to each child of the decedent, regardless of whether there are any living takers at that level. If the child is deceased, the share passes to his descendants by representation.
Intestacy Passing
The portion of the estate not passing to the surviving spouse passes to the decedent children and the descendants of the decedent children.
Parents and collateral kin inherit if the decedent is survived by children or more remote descendants
Slayer Statutes
One who feloniously and intentionally brings upon the death of the decent forfeits any interest in the decedent’s estate.
Choice of Law
When an individual dies intestate, the state law which will govern the distribution of their will is the state where the testator was domiciled when the testator died.
Descendants plus surviving spouse
Surviving spouse takes ⅓ or ½ in most states
Under UPC, spouse takes entire estate if the decedent is survived by descendants, all of whom are descendants of the surviving spouse and the surviving spouse has no other surviving descendants.
Disinheritance clauses
At common law and in most states, a will provision expressly disinheriting an heir is ineffective as to any property passing by intestacy. However, under UPC, a testator may exclude the right of an individual to succeed to property passing through intestate succession and it will pass as if they disclaimed it.
