the laws of intestacy Flashcards

1
Q

when a decedent dies without a will

A

intestate

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2
Q

surviving spouse gets if other children from outside marriage

A

1/3 of the personal estate

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3
Q

no children from other marriages or no kids

A

100%

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4
Q

surviving children and no spouse

A

100%

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5
Q

no surviving spouse, no children

A

look to parents

both alive- goes to both parents
only one- goes to suriving parent

next go to siblings
sibling kids, descendants

goes down the line until someone is found- laughing heir before escheat

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6
Q

va uses

A

per stirpes

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7
Q

special consieration

A

half blood relative gets one half share of the full blood relative

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8
Q

adopted child

A

same rights as regular

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9
Q

advancements

A

if intestate made substantail gifts during lifetime, the gifts may be considered an advancement and may offset

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10
Q

hotchpot

A

add it up, divide equally and subtract it

500-300 given
add it in= 800
400 evenly divided but he got 3 so he gets 100 more

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