Intestate Succession

Question 1

Total intestacy

Answer 1

Person dies w/o will

Question 2

Partial intestacy

Answer 2

Will did not dispose of all property

Question 3

Heir

Answer 3

Person who will take by intestacy

Question 4

State law used for personal prop

Answer 4

Law of domicile of deceased

Question 5

State law for real prop

Answer 5

Situs (where prop located)

Question 6

Spouses intestate share

Answer 6

Varies by state
(Ex could depend on kids or length or marriage)

Question 7

Descendants

Answer 7

Kids, grandkids

Receive prop not going to surviving spouse

Question 8

3 Methods of computing descendants shares

Answer 8

1. Per stirpes
2. Per capita w/ representation
3. Modern (per capita @ each gen)

Question 9

Per Stirpes method

Answer 9

Divide equally at 1st gen

1 share for each living kid and each dead child w/living descendant

Question 10

Per Capita w/ representation method

Answer 10

Divide at 1st gen w/ living kids

Each living person takes equal shares

Question 11

Modern approach (per capita at each gen)

Answer 11

Divide at 1st gen w/survivors

Pool shares at lower generation so each gets equal shares

Question 12

Ancestors

Answer 12

Persons related in ascending lineal line (parents and grandparents)

Question 13

Collaterals

Answer 13

People related to but not in lineal line (siblings, aunt, uncle, cousin)

Question 14

Order of estate passing (intestate)

Answer 14

Spouse
Descendants (kids/grandkids)
Ancestors (parents)
Collaterals (sibling, cousin, uncle)
Ancestor (grandparents)

Question 15

Adopted kid

Answer 15

Can inherit from adopted parents and maybe bio parents

Question 16

Adoptive parents

Answer 16

Can inherit from adoptive kid (bio parent can’t)

Question 17

Step child

Answer 17

Generally no inheritance rights

Question 18

Adoption by Estoppel

Answer 18

May permit a child to inherit if can shoes treated as bio child

Question 19

Half blood siblings

Answer 19

Can inherit as normal

Question 20

Post numerous child

Answer 20

Child born after decedent died

Varies by state - some say can inherit as long as in womb, other require to be born in so many days

Question 21

Advancement

Answer 21

Lifetime gift intended by donor as pre payment of intestate share

Needs to be in writing

Compute shares as if advancement never taken

Question 22

How long must heir survive intestator to inherit?

Answer 22

UPC: 120 hours
Other states: any amount of time

Question 23

Disclaimer

Answer 23

Rejection of inheritance

Notarized, signed writing, done before acceptance

Result: treat person as dead when dividing shares

Question 24

What if heir kills decedent?

Answer 24

Slayer statute: prevents from inheriting