Lecture 2

Question 1

Intestacy rules apply in the following situations:

Answer 1

a. the decedent never created any governing document
i. no will
ii. no trust
iii. no deed governing joint tenancy property

b. the decedent tried to create a governing document but failed, so there is no governing document

i. failed will
ii. failed trust
iii. failed deed as to joint tenancy property

c. all existing documents do not address all of the decedent’s property held in the decedent’s individual name at the decedent’s death, so there is no document governing the distribution of the property (which is now part of the “intestate estate”)

Question 2

Example 1: Dad’s will provides only: “I give my car to my son, Son.” Dad dies, owning a car and a boat in Dad’s individual name, “John Doe.”

Q: Is there a document that governs the title transfer of the car?

Answer 2

YES – the will. The will governs the transfer of the car

Question 3

Example 1: Dad’s will provides only: “I give my car to my son, Son.” Dad dies, owning a car and a boat in Dad’s individual name, “John Doe.”

Q: Is there a document that governs the title transfer of the boat?

Answer 3

NO- the will does not mention the boat, so intestacy rules apply

Question 4

Example 2: Mom’s will provides only: “I give my community property to my husband, Husband.” Mom dies, owning a 1/2 CP interest in $400 total CP, and $200 of her SP.

Q: Is there a document that governs the title transfer of the CP?

Answer 4

YES, the will.

Question 5

Example 2: Mom’s will provides only: “I give my community property to my husband, Husband.” Mom dies, owning a 1/2 CP interest in $400 total CP, and $200 of her SP.

Q: Is there a document that governs the title transfer of the SP?

Answer 5

NO, the will does not mention the SP. The SP is governed my intestacy rules.