Intestate Succession Flashcards
What happens to property that does not pass by a valid will or by operation of law?
It will be governed by state’s applicable intestacy statute
What is a decedent?
The decedent is the person who died
What is “issue?”
Issue is the person’s lineal descendants
What happens if a decedent leaves only a surviving spouse and no issue?
If a decedent leaves only a surviving spouse and no issue, the surviving spouse receive the entire estate
What will some states provide in this instance?
some states provide that a certain portion of the estate will be given to the decedent’s parents and their issue
What will happen if a decedent leaves a surviving spouse and issue?
A decedent leaves a surviving spouse and issue, most states require that a surviving spouse and surviving issue take a
percentage or portion of the estate
Under the Uniform Probate Code (UPC), what will the surviving spouse receive when the deceased had issue?
Under the Uniform Probate Code (UPC), the surviving spouse receives the entire estate if all issue are also issue of the
surviving spouse
What happens to the property if the decedent does not leave a surviving spouse?
If the decedent does not leave a surviving spouse, will the estate pass to the decedent’s issue
What happens to the property if there is no spouse or issue?
If the decedent does not leave a spouse or issue, does the estate pass to the decedent’s surviving parents equally
What happens to the property if there is no spouse, issue, or parents of the decedent?
If the decedent does not have a spouse, issue, or living parents, estate pass to the issue of the decedent’s parents
What approach for distribution is used by a majority of states?
A majority of states use the Per Capita at Each Generation approach
What is an heir?
an heir a person who inherits through intestacy
