Terminology, Intestacy - Spouses

Question 1

What is a codicil?

Answer 1

A supplement that amends or revokes decedent’s will in whole or in part
Considered to republish the will as of the date of the codicil

Question 2

What is intestate succession?

Answer 2

A default estate plan developed by the legislature in case the decedent dies intestate

Question 3

Who are collaterals?

Answer 3

Decedents relatives through an ancestor like siblings, cousins, uncles, aunts, etc.

Question 4

What happens under the USDA if the decedent and heir die at the same time?

Answer 4

They will pass as though each predeceased the other - heir must be proved by clear / convincing evidence to have survived the decedent by 120 hours

Question 5

What is the surviving spouse’s share if the decedent and spouse have only shared descendants?

Answer 5

Spouse takes entire estate

Question 6

What is the surviving spouse’s share if the decedent has no descendents but living parents?

Answer 6

Spouse takes $300,000 and 75% of remainder

Question 7

What is the surviving spouse’s share if the decedent and spouse have shared descendants and the spouse has non-shared descendants?

Answer 7

Spouse takes $225,000 and 50% of remainder

Question 8

What is the surviving spouse’s share if only the spouse and the decedent’s own non-shared descendants are left?

Answer 8

Spouse takes $150,000 and 50% of remainder

Question 9

What is the surviving spouse’s share if only the spouse is left?

Answer 9

Spouse takes entire estate