Intestate Sucession

Question 1

Decedent leaves spouse and descendants

Answer 1

Spouse- 1/3 or 1/2 of the estate or specific $ amount + 1/3 or 1/2

UPC- entire estate

Most states- parents and collateral kin never inherit if the intestate is survived by children or more remote descendants

Question 2

Children

Answer 2

Divided equally per generation level; if deceased- combined at divided equally at the next level

Question 3

No spouse or children

Answer 3

1) parents; 2) siblings; 3) equally among grandparents; 4) equally among closest kin

Question 4

Special children

Answer 4

Adopted: same as natural children
Step/foster: no inheritance rights (adoption by estoppel)
Posthumous: no claim unless in gestation
Non-marital: inherits (as long as it can be proved that he was the father)
Half/whole blood: no distinction- inherit equally