the laws of intestacy Flashcards
when a decedent dies without a will
intestate
surviving spouse gets if other children from outside marriage
1/3 of the personal estate
no children from other marriages or no kids
100%
surviving children and no spouse
100%
no surviving spouse, no children
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
va uses
per stirpes
special consieration
half blood relative gets one half share of the full blood relative
adopted child
same rights as regular
advancements
if intestate made substantail gifts during lifetime, the gifts may be considered an advancement and may offset
hotchpot
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