The laws of intestacy

Question 1

When the intestate is survived by only a spouse

Answer 1

The SS will receive 100%

Question 2

When the intestate is survived by a spouse AND any other children or descendants who are NOT children of the SS

Answer 2

The SS will get 1/3 and the remaining 2/3 will pass to the decedent’s children or descendants by representation

Question 3

When the intestate is survived only by descendants

Answer 3

Decedents take 100%

Question 4

When the intestate has no surviving spouse or descendants

Answer 4

Parents take

Question 5

When the intestate has no surviving spouse or descendants or parents

Answer 5

Decedent’s siblings and their descendants take by representation

Question 6

When the intestate has no surviving spouse, descendants, parents, siblings/descendants of siblings

Answer 6

The estate is divided into a a maternal share and a paternal share each is then distributed into the following
1. Grandfather and grandmother or the survivor
2. If non, then to uncles and aunts and their descendants by representation
3. If none, then to the great grandparents; and
4. If none, then to brothers and sisters of grandparents and their descendants by representation

Question 7

When the intestate has no surviving spouse, descendants, parents, siblings/descendants of siblings

Answer 7

The estate is divided into a a maternal share and a paternal share each is then distributed into the following
1. Grandfather and grandmother or the survivor
2. If non, then to uncles and aunts and their descendants by representation
3. If none, then to the great grandparents; and
4. If none, then to brothers and sisters of grandparents and their descendants by representation

Question 8

Escheat

Answer 8

When the decedent has no surviving kin, the property escheats to the commonwealth. However in VA, there is a laughing heir statute which allows relatives to inherit, no matter how remotely related

Question 9

Allocating assets among descendants

Answer 9

Remote descendants never share in an inheritance if their ancestors take a share.

Children take all decedent’s probate assets in equal shares if either (i) no children have predeceased the decedent or (2) no predeceased child has left surviving descendants

Question 10

Modern per stirpes for intestate survived by children

Answer 10

Divide the estate into one share for each child who survived the intestate and one share for each predeceased child who left surviving descendants

Question 11

Modern per stirpes for intestate not survived by children

Answer 11

divide the estate as above, but at the first generation with a surviving descendant

Question 12

Share of half bloods

Answer 12

Half blood kin get one half share of a similar full blood kin. Does not apply to ancestors or descendants, only collateral kin. Does not limit the half-blood’s claim if there are no other takes of the estate. Does not reduce the share of half-blood kin who are the only members of a class entitled to take

Question 13

Adopted Children

Answer 13

Same inheritance rights from adopted family as a natural child

Question 14

Can an adopted child inherit from biological parents intestate ?

Answer 14

Only if
1) adopted by the spouse of a natural parent or
2) involuntary termination of parental rights

Question 15

step/foster children

Answer 15

Generally have no inheritance rights from step/foster parents until adopted UNLESS

step/foster parent dies intestate with
1) no descendants
2) no maternal or paternal kin
3) no surviving spouse

Question 16

Advancements

Answer 16

are substantial gifts from the decedent to an heir during lifetime may be advancements that offset what the heir would have received in instestay (process known as hotchpot)

Heir who receives an advancement exceeding the intestate share may elect to retain the advancement and forego the intestate share