Intestate (without a will)

Question 1

How to calculate what the spouse will get:
A. Only spouse
B. Spouse + shared descendants
C. Spouse + parent
D. Spouse + shared descendants + spouse’s separate kids
E. Spouse + spouse’s separate kids

Answer 1

A. Spouse gets entire estate
B. Spouse gets entire estate
C. Spouse takes $300,000 + 75% of remainder of estate
D. Spouse takes $225,000 + 50% of remainder of estate
E. Spouse takes $150,000 + 50% of remainder of estate

Question 2

What is the Simultaneous Death statute?

Answer 2

UPC follows USDA  the property will pass as though each had predeceased the other. Heir must prove b clear + convincing evidence that decedent survived the other by 120 hours. ONLY if there is no Will/trust.

Question 3

UPC > Per capita at each generation

Answer 3

START: divide at first generation where there is a surviving member
THEN: pool the remaining shares and divide amongst the next living generation.

Question 4

Who is considered a child for intestate succession?

Answer 4

a child for purposes of intestate succession includes adopted children, children born out of wedlock, and half-bloods (but not stepchildren!).

Question 5

How should advancements be considered if there is no will?

Answer 5

Common Law: A lifetime transfer to an heir was presumptively treated as a downpayment on the heir’s intestate share and thus is taken into account when computing the heir’s intestate share.

Majority law: most states today say that a lifetime transfer is presumed to be a gift and is ignored in computing the heir’s intestate share.

Question 6

Is intent important in intestate succession?

Answer 6

NO! Follow the laws of the state not any intent of the decedent.