Intestate Succession

Question 1

Surviving Spouse

Answer 1

All of CP + all of QCP

Separate Property:
* All if intestate has zero descendants/parents/siblings/sibling’s descendants
* 1/2 if decedent has 1 child, grandchildren, or parent/descendant of parent
* 1/3 if decedent has 2+ children, 1 child+grandchildren of dead child, grandchildren of 2+ dead children

Question 2

No surviving spouse

Answer 2

Entire estate goes to decedent’s surviving issue; if all surviving issue are in same generation, they take equally.
* If not in same generation, apply CA’s per capita with representation

Question 3

How long must heir outlive intestate?

Answer 3

120 hours

(Unless it’d result in escheat to the state)

Question 4

What is required for heir to disclaim inheritance?

Answer 4

Signed writing stating:
* who decedent is
* what interest is being disclaimed
* describing the interest being disclaimed
* that there is a disclaimer
* Filed within reasonable time (aka 9 months after decedent dies)

Effect of disclaimer is that property passes as if disclaiming party predeceased the decedent

Question 5

What happens if a surviving spouse inherits real property/personal property from deceased spouse and then dies?

Answer 5

Following property goes back to deceased spouse’s heirs (not now-dead surviving spouse’s heirs)
* Real property unless deceased spouse died at least 15 years ago
* Personal property worth $10K+ unless deceased spouse died at least 5 years ago