Lesson 1 Flashcards
Intestate Succession
Intestate succession is the rules of law that govern the distribution of an individual who dies without a valid will or with a will which does not completely dispose of his or her property.
Per Stirpes rule
Allows the living descendants of a predeceased descendant under an intestacy statute to take the share which their parent would have taken had he or she been living.
Per Capita rule
Allows the living descendants of all predeceased descendants to take equally at each generational level.
Simultaneous Death rule
Absent evidence that two parties did not die simultaneously, the property of each of the deceased parties should be disposed of as if he or she had survived the other.