Introduction

Question 1

Testate

Answer 1

Person dies with a will

Question 2

Intestate

Answer 2

dying without a will

Question 3

What kind of property does the rules of testacy/intestacy exclude?

Answer 3

Property that passes automatically by operation of law upon death, or according to an instrument other than a will (i.e. joint tenancy with a right of survivorshp, life insurance proceeds, deeds, etc.)

Question 4

What is the 120 hour rule?

Answer 4

Beneficiary must survive decedent by 120 hours (five days) in order to take property under a will or under the laws of intestacy

If there is a doubt, the standard of proof is c&c

Question 5

What must a disclaimant do in order to refuse accepting an interest in property:

Answer 5

-Put in in writing
-declare the act of disclaiming and describe the interest being disclaimed; and
-be signed by disclaimant and delivered to executor/administrator or circuit court

Before the disclaimant accepts interest or attempts to transfer it

Question 6

What can a disclaimer defeat?

Answer 6

Can be used to defeat creditors’ claims, but NOT a federal tax lien

Question 7

How is an adopted child treated for purposes of inheritance?

Answer 7

They are treated as a biological child (they cease to be the child of biological parents for inheritance purposes, unless the adopting parent is the spouse of a biological parent)

Question 8

Does Virginia recognize adult adoption?

Answer 8

Yes, for the purposes of inheritance

Question 9

Requirements for a child conceived through assisted conception to be considered the child of the person who consents to be the child’s parent:

Answer 9

-Must be in writing
-must be given before conception; and
-the child must be born during the consenting person’s lifetime (or within 10 months after the consenting person’s death)

Question 10

How does one figure out if a child out of wedlock inherits or not?

Answer 10

1) First apply the rules about adoption and assisted conception
2) If neither of those apply, then use the following: the child is always the child of the biological mother; the child is the child of the biological father if the biological parents participated in a marriage ceremony (whether before or after the child’s birth) or paternity is established by c&c evidence (which may include DNA testing)

Question 11

If if the out of wedlock child is established as the biological child of the biological father and can inherit from him, does it also mean that the father can also inherit from the child?

Answer 11

Not automatically. In order for the father to inherit from the child in that case, the father must openly treat the child as his child and must not refuse to support the child

Question 12

What procedure must a child out of wedlock follow to inherit from a biological parent?

Answer 12

file an affidavit in the CC and ask for adjudication of parentage within one year of the death

the one year filing requirement does not apply if: parentage has already been established thru birth records made out by deceased, admission of parentage under oath, or a prior proceeding to determine parentage

Question 13

What happens if there is a termination of parental rights?

Answer 13

parent loses the right to inherit from or thru child (unless the order says otherwise). This does not mean that the child loses the right to inherit, nor does this mean that the parent’s relatives lose the right to inherit from the child

Question 14

How are multiple lines of inheritance handled?

Answer 14

when someone is related to decedent thru two different relationships, they take a single share using whatever relationship results in the larger share

Question 15

does an after-born child or relative inherit?

Answer 15

any relative who was conceived before the death but born after will inherit as though they were born during decedent’s lifetime.

Question 16

What is the Virginia Slayer Statute?

Answer 16

a person who kills the decedent is not allowed to take as a beneficiary under the decedent’s will or the laws of intestacy (and non probate property). The killer is treated as having predeceased the decedent

Question 17

What crimes does the statute apply to?

Answer 17

only applies if the killer has murdered or committed voluntary manslaughter and only applies if they were convicted

Question 18

when does the slayer statute not apply?

Answer 18

a negligent accident or self-defense

Question 19

will the slayer statute apply in a civil proceeding?

Answer 19

yes if the killer has shown to have committed murder or voluntary manslaughter in a civil proceeding by a preponderance of the evidence with the person who is trying to prevent the killer from inheriting or taking under the will having burden of proof (even if the killer has been acquitted in a criminal trial by reason of insanity, the statue may apply if the killer loses in a civil proceeding)