OTHER PROBLEMS COMMON TO INTESTACY AND WILLS

Question 1

120-Hour Survivorship Rule

Answer 1

A person who is not shown by clear and convincing evidence to have survived the decedent by 120 hours is deemed to have predeceased the decedent for the following purposes:

-Intestate succession, unless application of the rule would result in escheat to the Commonwealth

-All types of donative transfers such as wills, trusts, deeds, insurance policies, pay-on-death and transfer-on-death transfers, and pension plans absent a contrary provision in the governing instrument

Question 2

Disclaimers

Answer 2

An heir or beneficiary is not forced to accept an inheritance or gift, but can disclaim the interest.

-Disclaimed property passes as though
disclaimant predeceased decedent

-Disclaimer must:

  *Be in writing and signed;

  *Declare it is a disclaimer;

  *Describe disclaimed property; and

  *Be delivered to personal representative or 
    trustee, or recorded if interest in real 
    property is disclaimed

-No time limit, but disclaimer is estopped if
benefits accepted

Question 3

Descendant’s Death Caused by Heir or Beneficiary (Slayer Statute)

Answer 3

“Slayer statute”: Someone convicted of (or determined by preponderance of evidence to have committed) murder or voluntary manslaughter of a decedent forfeits all interest in the decedent’s estate—property passes as though killer predeceased decedent.

 -Applies to probate and nonprobate 
 transfers

 -Severs joint tenancy (no right of 
 survivorship but slayer doesn’t forfeit their 
 own share)

 -Persons claiming through slayers are also 
 barred, except that anti-lapse statute applies 
 so that slayer’s descendants can take

Question 4

Advancements and Satisfaction of Legacies

Answer 4

If a lifetime gift was made from the decedent to a beneficiary or heir, it can affect how much the beneficiary or heir inherits when the decedent dies.

 -Lifetime gift is presumptively an 
 advancement of share from decedent’s 
 estate when made to child or other 
 descendant, unless it’s proven not intended 
 as an advancement

 -If advancement found, value added back to 
 estate before shares are calculated, then 
 subtracted from recipient’s share

 -Recipient need not return advancement in 
 excess of share