Subsidiary Problems Common to Intestacy and Wills

Question 1

Simultaneous Death - Traditional

Answer 1

USDA Traditional - IF one survives even by one minute than doesnt apply.
If unable to tell who survived who than the property of each is disposed as if he had survived the other

Question 2

120-Hour Rule

Answer 2

Most states + UPC have adopted the 120 hour rule whereby the traditional rule will be in effect but instead of surviving by 1 minute you must survive for 120 hours

Question 3

Disclaimer

Answer 3

Disclaiming mean you act as if the beneficiary predeceased the decedant
a beneficiary can disclaim an interest which results in it being passed intestate.
For tax it must be made in writing, irrevocable and withing 9 moths of death or beneficiary 21st birthday

Question 4

Disclaimer made of behalf of infant, incompetent or decedent.

Answer 4

Court must find in best interest of the interested party.

Question 5

Estoppel of Disclaimer

Answer 5

interest cannot be disclaimed if the beneficiary has accepted the property or any benefits

Question 6

Creditor Disclaimer

Answer 6

disclaimer can be used to defeat creditors claims but no federal tax liens

Question 7

Disclaimer of Life Estate

Answer 7

Accelerates the remainder

Question 8

Decedent Death Caused by Heir or Beneficiary

Answer 8

Slayer Statute
One who feloniously + intentionally brings about the death of a decedent forfeits any interest
Killer predeceased the victim
Only inherited share, doesnt lose their own shares of joint property

Question 9

Decedent Death Caused by Heir or Beneficiary - Proof

Answer 9

conviction of murder in any degree

or by preponderance of the evidence

Question 10

Advancement of Intestate Share

Answer 10

A lifetime gift to an heir with the intent to be applied against the heirs share of the estate.
CL - living gifts to issue are presumed to be advancements
Most states - presumed no to be advancement to any heir
UPC - advancement only if 1) declared as such in writing or 2) acknowledged as such in writing by heir.

Question 11

Procedure if Advancement found

Answer 11

gifts value is added back into the estate and then subtracted from recipients share

Question 12

Advancee Predeceases Intestate

Answer 12

Generally binding upon recipients heirs

UPC - not binding unless required in writing

Question 13

Satisfaction of Legacies

Answer 13

Can be done by inter vivos transfer if intended to satisfy testamentary gift
UPC - only if in writing or devisee acknowledges in writing
NO writing required for specifically described property then satisfaction and ademption