Intestate succession Flashcards
1
Q
Intestate Succession
A
Any part of the estate not effectively disposed of by the will.
2
Q
Classify property
watch for 120 hour survivorship
A
CP = SS gets 100%
SP = SS if no lineal heirs 100% .. if 2 kids SS 50% … 2 or more 33 and 1/3%
IF NO SPOUSE = issue, parents, siblings, grandparents, aunts/uncles, stepchildren, cousins, parents of pre-deceased spouse & escheat
3
Q
Per Stirpes
A
If the issue are not of the same degree of kinship to decedent, they take “by right of representation” (step into shoes) … shares determined at first generational level where there are living persons and deceased persons who left lineal descendants.
4
Q
Per Capita
A
If the issue are all of equal degree of kinship to the decedent (same generation) they take equally
