Intro

Question 1

Intestate succession

Answer 1

fixed set of rules dictating where a deceased’s property.

Question 2

Will

Answer 2

allows person while alive to determine wher eproperty goes upon death.
a. privilege granted by the state. so must comply with the rules substantially (can only have small deviations)

Question 3

Probate avoidance techniques

Answer 3

property passes outside the probate process,

a. inter vivios trust, kual rights, survivorship rights.
b. must first distribute these first

Question 4

Order of questions to consider

Answer 4

a. Handle non-probate assets first, i.e. remove from probate estate and distribute them to appropriate persons
b. Then see if will or not, if intestate, look for all heirs
c. If will, determine validity
d. Use facts to determine proper distribution of property. May need to interpret will, resolve issues regarding heirs, decide effect of more facts
e. If surviving spouse, in a common law marital property jdxn, determine whether the spouse should file for an elective share.