Themis Essay 5762 Flashcards
A decedent’s personal estate generally includes
property owned outright by the decedent at the time of his death.
Property that passes automatically by law upon death
is not included in a decedent’s personal estate.
In order to inherit a decedent’s property or for a transfer upon death to occur,
a person must survive the decedent by 120 hours.
If co-tenants die within a 120-hour period,
the property is divided among them.
Virginia law states that a valid will governs
the disposition of a decedent’s estate.
A person must survive the decedent by 120 hours in order to
inherit as a beneficiary under a will.
A gift to a predeceased beneficiary
lapses (fails), but if an alternative beneficiary is named, then they will take the gift.
“Per stirpes” means
the entire estate is divided by the total number of children who survive or leave surviving issue.
Under per stirpes, the surviving children
take the share their parent would have received in equal portions.
If a person dies without a will,
Virginia intestacy statutes will govern the distribution of the intestate’s property.
If an intestate has surviving descendants but no surviving spouse,
the descendants will inherit the intestate’s entire estate.