intestate succession

Question 1

when does intestate apply

Answer 1

1) left no VALID will

2) partial intestacy

Question 2

intestate share of surviving spouse

Answer 2

1) 1/2 to spouse 1/2 to descendants

Question 3

what is a surviving spouse allowed to get automatically before anyone else

Answer 3

20k plus 10k per each minor or disabled adult child.

- Paid before everyone else, besides funeral costs

Question 4

what does IL follow for distribution

Answer 4

per stirpes (stir piece)

• meaning 1 share for each line of living descendants
• always cut at child level

Question 5

in IL how is an estate distributed if person died single w/o descendants

Answer 5

EQUAL SHARES b/w parents and brothers and sisters

Question 6

what is the bad daddy rule

Answer 6

a parent is disqualified from taking as heir if he neglected, deserted or failed to support kid

Question 7

how are adopted children treated

Answer 7

as a child

Question 8

what is kid who is adopted under 18 treated for intestate

Answer 8

full inheritance rights from adoptive family.

- step child not adopted, cannot inherit

Question 9

can an adopted child by a new family have inheritance rights from natural parent or their kin

Answer 9

NO

Question 10

x.c where an adopted child by a new family have inheritance rights from natural parent or their kin

Answer 10

1) natural parent died b4 child was adopted
2) child was adopted by a relative or
3) contrary intent show by will or trust terms by clear and convincing evidence

Question 11

adult adopted over 18 rule

Answer 11

inherit from adopting parent but NOT adopting parents kin

Question 12

wedlock children rights: child born out of wedlock can inherit from natural father ONLY IF (PAP)

Answer 12

1) PATERNITY SUIT: man was adjudicated the father OR
2) Acknowledged parternity: acknowledged during life time OR
3) PROBATE proceeding: he is proved to have been father of the child in the probate proceedings by clear and convincing evidence

Question 13

what is required for an advancement in IL

Answer 13

lifetime gift to an heir is NOT an advancement unless

1) declared as such in writing by donor or
2) acknowledged in such WRITING by the donee

Question 14

satisfaction of legacies

Question 15

what must happen to disclaim an interest

Answer 15

1) must be in writing signed and delivered to descendant’s executor
2) IL has NO TIME limit.
- but person cannot disclaim after accepting the property or its income

Question 16

for tax purposes when must a person disclaim

Answer 16

w.i 9 months

Question 17

why would anyone want to disclaim an interest

Answer 17

1) tax purposes
2) creditors
- X/C federal tax liens

Question 18

What is intestate share if T dies without spouse or descednatns.

Answer 18

the entire estate passes to the decedent’s parents and descedants of parents
(ie: the decedent’s bothers and sisters and the issue of deceased brothers and sisters, (nieces, nephews over uncle) )

Question 19

who wins over intestate nieces, nephews or uncles and aunts>

Answer 19

Niece and nephews. The estate passes to the decedent’s parents and DESCENDANTS (children, grandchildren) of parents. (the decedent’s brothers an sisters, and issue of brothers and sisters)