Statutes for Final

Question 1

Under the UPC, what does the spouse get if the dead person has no living kids/grandkids AND no living parents and dies intestate?

Answer 1

spouse gets everything

Question 2

Under the UPC, what does the spouse get if the dead person’s children are also the spouse’s children, AND the spouse doesn’t have any other children from another relationship and dies intestate?

Answer 2

spouse gets everything

Question 3

Under the UPC, what does the spouse get if the dead person has no kids but parents are still alive and dies intestate?

Answer 3

spouse gets first 300k PLUS 3/4 of whatever is left

Question 4

Under the UPC what does the spouse get if all the dead person’s children are also the spouse’s children, BUT the spouse has other children from another relationship and dies intestate?

Answer 4

spouse gets first 220k PLUS 1/2 of whatever’s left

Question 5

Under the UPC what does the spouse get if the dead person has any children from another relationship (not with the current spouse) and dies intestate?

Answer 5

spouse gets first 150k PLUS 1/2 of whatever is left

Question 6

under the UPC what is the priority list for shares of heirs other than the surviving spouse where decedent dies intestate?

Answer 6

children +their descendants > decedent’s parents [split = if both alive] > siblings +their descendants > estate split between father and mother’s side then each 1/2 to grandparents or their descendants [aunts, uncles, cousins] and if one side has noone alive everithing to the other side > if no taker the intestate estate goes to the state

Question 7

Under NY Law, if someone dies intestate leaving spouse + kids who takes what?

Answer 7

The spouse gets $50,000 plus half of what’s left and the children split the other half (if a child is dead, their share goes to their children)

Question 8

Under NY Law, If someone dies intestate leaving a spouse but no children:

Answer 8

spouse gets everything

Question 9

Under NY Law, If someone dies intestate leaving kids but no spouse:

Answer 9

kids take by representation- they get everything split equally with a deceased kid’s share going to their kids

Question 10

Under NY Law, If someone dies intestate, if none of the above are alive, but there are grandparents or their descendants

Answer 10

• Half goes to the father’s side of the family (grandparents or their children/grandchildren)
• Half goes to the mother’s side of the family (grandparents or their children/grandchildren)
• If one side has no living relatives, everything goes to the other side
• Important: Only grandchildren of grandparents can inherit here (not great-grandchildren)

Question 11

Under NY Law, If someone dies intestate, if only great-grandkids of grandparents are alive

Answer 11

• Half goes to great-grandchildren on father’s side (split equally)

-Half goes to great-grandchildren on mother’s side (split equally)

-If one side has no living great-grandchildren, everything goes to the other side

Question 12

What is the simultaneous death rule under the UPC?

Answer 12

If they do not survive decedent by 120 hours, it is considered as if they died before the decedent UNLESS this would case the estate to pass to the state

Question 13

‘By Representation’ under the UPC

Answer 13

Find the closest generation with any living members
Divide into equal shares based on the number of people in that generation
Living people get one full share
Dead people’s shares go to their children, dividing up the one share equally

Question 14

what is the UPC rule for omitted kids if they had no kids when they made a will?

Answer 14

• the new child gets what they would have gotten if there was no will at all
• EXCEPTION: If the will gave everything (or almost everything) to the child’s other parent, and that parent is alive and can inherit under the will, then the child doesn’t get a share

Question 15

what is the UPC rule for omitted kids if they had other kids when they made the will?

Answer 15

• The new child only gets a share of what was given to the other children in will
• Everyone’s share gets reduced equally to make room for the new child and the new child gets an equal share with their siblings
• The court tries to keep the same type of inheritance (like money, property, etc.) as the other children got

Question 16

UPC rule for omitted kids -when do they never take?

Answer 16

if The will shows they were left out on purpose or The parent provided for the child in some other way (like a trust or life insurance) and meant for that to be instead of including them in the will, an omitted child gets NOTHING.

Question 17

what is the UPC rule where a parent left a child out of their will because they thought the child was dead (but the child was actually alive)

Answer 17

child gets treated the same as a child born after the will was made.