Intestate Succession Flashcards
What type of property does not pass through intestacy?
(1) Property with a death beneficiary
(2) Property held in an inter vivos trust
(3) Property held as a joint tenant with a right of survivorship
Define: Amicable Division
Heirs may decide amongst themselves to a different distribution than would normally flow under intestacy.
Define: Partial intestacy
When a person has a valid will that does not devise the entirety of the decedent’s estate and does not contain a residuary clause
Under the UPC, may a decedent execute a will to prevent a person from taking through intestacy?
Yes. Intestacy will pass as if the person excluded disclaimed their share
Define: Spouse
A person legally married to the decedent at the time of the decedent’s death
If the decedent has a surviving spouse and no surviving parent or descendants, how much does the spouse take?
The entire estate
If the decedent has a surviving spouse and a surviving parent, but no surviving descendants, what will the spouse take? What will the parent take?
(1) Spouse will take $300k plus 75% of the remainder
(2) Parent will take 25% of the remainder
If the decedent has a surviving spouse and descendants that are only of the surviving spouse, and the spouse has no other descendants, what will the spouse take?
The entire estate
If the decedent has a surviving spouse and descendants that are not of the spouse, how much will the spouse take? What will the descendants take?
(1) Spouse will take $150k plus 50% of the remainder
(2) Descendants will take 50% of the remainder
If the decedent has a surviving spouse and descendants with the surviving spouse, but the spouse has a descendant not of the decedent, what will the spouse take? What will the collective descendants take?
(1) Spouse will take $225k plus 50% of the remainder
(2) Collective descendants will take 50% of the remainder
If a person dies intestate without a surviving spouse, who takes?
The decedent’s descendants
If a decedent’s child dies before the decedent, who takes?
The child’s child
What is representation?
When a predeceasing descendant’s child takes the predeceasing descendant’s share
In a situation where representation is applicable, will the predeceasing descendant’s will change how the property passes?
No. Under representation rules, the inheritance passes directly to the child
What are the three rules for analyzing how multiple generations will take through intestacy?
(1) Strict per stirpes
(2) Modern per stirpes
(3) Per capita at each generation