Representation

Question 1

Rules for English per stirpes

Answer 1

1. Make the cut at the first generation under the decedent (does not have to include a living taker)
2. Allocate each share per generation and continue down LINEAR - trickle down.

Question 2

Modern per stirpes

Answer 2

The estate is equally divided at the first generation with living takers. (if they are all dead, skip that generation)

Question 3

Rules for Modern per stirpes

Answer 3

1. Make the cut at the first generation with LIVING TAKERS.

2. Allocate each share per generation and continue down LINEAR - trickle down.

Question 4

Rules for per capita at each generation

Answer 4

1. Make the cut at the first generation with living takers
2. Allocate each share to the living takers
3. Combine each share of the dead takers
4. Redistribute the combined shares to the next generation with living takers

Question 5

Parentelic system

Answer 5

The intestate estate passes to grandparents and their descendants, if none to great-grandparents and their descendants.

Question 6

Degree of relationship system

Answer 6

The intestate estate passes to the closest of kin.

Question 7

Degree of kinship is the majority or minority view?

Answer 7

Minority

Question 8

Degree of kinship is the majority or minority view?

Answer 8

Minority

Question 9

How to ascertain degree of relationship

Answer 9

Count UP from the decedent to the nearest common ancestor then count DOWN from the common ancestor to the claimant.

Question 10

How distant can ancestor/collaterals be in order to inherit?

Answer 10

UPC: 2nd line collateral or closer
NC: 2nd line of collateral or closer (parentelic) and no greater than the 5th degree of kinship