Intestate Succession (Scheme)

Question 1

Intestacy is total if

Answer 1

The person who dies either: dies w/o a will at all OR makes a will that is completely invalid.

Question 2

Statute of descent and distribution is also called

Answer 2

intestacy staute

Question 3

If spouse survives what does spouse take if

1. no children
2. children and other issues
3. mandatory minimum for spouse in Ga

Answer 3

1. Take all
2. Take 1/3 then rest is divided equally
3. 1/3

Question 4

If spouse predeceases decedent what is the line of succession?

Answer 4

1. children
2. parents
3. siblings
4. nieces and nephews
5. uncles and aunts
6. first cousins.
   etc. divided per stirpes

Question 5

Escheat

Answer 5

if there is no spouse and no other person to inherit under the staute, the property escheats (passes) to the state.

Question 6

GA anti-escheat provision

Answer 6

when a married person dies intestate, and his surviving spouse then dies intestate and w/o any ascertainable heirs w/n 6 months, any undistributed property in the first deceased spouse’s estates doesn’t pass to the second deceased spouse’s estate.
It then goes to the heirs of the first deceased spouse

Question 7

Simultaneous death in GA

Answer 7

Survivial is good enough if even for just an instant.

Question 8

Uniform Simultaneous Death Act

Answer 8

not necessary to determine death order. Treat each person as if they had survived each other w/ regards to their own estate.