Shares of Other Heirs Flashcards
What is the order that the estate is shared if NO descendants or spouse survived?
If the decedent is not survived by a spouse or descendants, the estate is distributed in the following order:
- Parents or surviving parent
- Brothers and sisters and their descendants
- One-half to paternal grandparents and one-half to maternal grandparents and their descendants (both halves to one side if there are no takers on the other side)
- One-half to nearest kin on maternal side and one-half to nearest kin on paternal side (all to one side if there are no kin on the other side)
- If all fails, the estate escheats to the STATE
Are adopted children treated differently than biological children?
NO! For purposes of intestate succession, adopted children are treated the same as the biological children of the adopting parents. An adopted child inherits from and through the adopting parents and their kin, and the adopting parents take from and through the adopted child
When do stepchildren or foster children have inheritance rights?
Generally, stepchildren and foster children have no inheritance rights unless adopted by the stepparent or foster parent.
Do nonmarital children have inheritance rights?
1) Mother: A nonmarital child ALWAYS inherits from the mother
2) Father: Generally, the child will inherit from their father if:
- The father married the mother after the child’s birth
- The man was adjudicated to be the father in a paternity suit
- After his death and during probate proceedings, the man is proved by clear and convincing evidence to be the father.
What is the Common Law Rule vs. the UPC Rule for Disinheritance Clauses?
Common Law and Most States— The will must dispose of everything to effectively disinherit an heir.
UPC —A testator may exclude the right of an individual to succeed to property passing by intestate succession (a “negative” will provision)
- If the person survives the decedent, their intestate share passes as though they had disclaimed it.
