Intestate Succession Flashcards
Intestacy
NO will
- also applies to property that was not devised or not properly devised in a will
Surviving Spouse 100%
SS gets 100% if Decedent has no kids or has kids but those kids also belong to the SS
Surviving Spouse 50%
Decedent has kid who are not kids of SS OR SS has kids that are not of the decedent’s
Share of Other Heirs
- descendants per stirpes;
- parents or the surviving parent;
- brothers & sisters and their descendants, per stirpes
- 1/2 to paternal grandparents & 1/2 to maternal grandparents and their descendants, per stirpes
- kindred of the last deceased spouse as if decedent had predeceased spouse
- estate escheats to the state
Adopted Children
treated equal to natural born children
- can’t inherit from their birth parents
Half-Bloods
collateral heirs (siblings) that are half-bloods will take half as much as whole bloods
Posthumous Children
heirs conceived before decedent’s death, but born after inherit as if they had been born
Nonmarital Children
children born out of wedlock are heirs to mother’s estate, but not of father’s
UNLESS:
- dad marries mom;
- is adjudicated the father before or after his death; OR
- acknowledges paternity in writing
Uniform Simultaneous Death Act
can’t tell who died first so assume the someone else died before the person whose assets you’re distributing
- applies to all distributions of property
- in FL, person only needs to survive by a microsecond to avoid applying the USDA
- JT w rights of survivorship & USDA applying = the interests of each are divided equally & administered as such
Disclaimer of Interests
- must be in writing, describe the interest, signed, witnessed & acknowledged, and delivered
- no time limit, but right to disclaim can be waived by accepting or using property
- for fed gift tax purposes, must be disclaimed within 9 month of decedent’s death
Slayer Statute
person that unlawfully & intentionally kills or participates in procuring the death of the decedent cannot inherit from decedent
- killer treated as though they predeceased
- don’t need murder conviction; need to prove by the greater weight of the evidence (more likely than not)
advancement of share
- Made with the intent that the gift is an advancement
- Must be in writing made by the decedent contemporaneous with the gift declaring such an intention, or an acknowledge in writing by the Heir that the gift is an advancement
