Intestate Succession

Question 1

What is significant about the adoption of a child?

Answer 1

A child that is adopted will be treated as a natural child.

Question 2

What is a spouse’s intestacy share?

Answer 2

1/2 of CP

For SP:

• All of SP if no surviving descendants
• 1/2 of SP if survived by **one descendent, parent, or issue of parent
• 1/3 o SP if survived by more than one descendent

Question 3

How may an intestate estate be divided?

Answer 3

Per Capita with Representation (California): Divide property equally at first generation; for those not at that level, goes to issue

** Per Stirpes**: Divide property into total number of child who survive or who leave issue; issue will take equal portions

Per Capita at Each Generation Divide property at first generation with living member; combine shares of deceased members of that generation and divide shares equally at next generation

Question 4

How are after-born children handled with intestacy?

Answer 4

After-born children are children that are conceived before but born within 300 days of husbands death.

Question 5

How do you determine whether a heir survives the testator when they di near or the same time?

Answer 5

Require clear and convincing evidence that heir survived testator by 120 hours.

If no evidence, heir will be treated as predeceased testator.