Themis Outline Flashcards
What is the primary policy regarding intestacy?
To carry out the probable intent of the average intestate decedent (D)
The actual intent of the D is irrelevant for property passing by intestacy.
What is the marriage requirement for a surviving spouse (SS) to inherit?
SS must have been legally married to D
What is the survival requirement for a surviving spouse (SS) to inherit?
SS must survive D to inherit; if there is insufficient evidence of order of death, property is treated as if each individual had survived.
What happens in the case of simultaneous death?
Insufficient evidence of order of death results in property being treated as if each individual had survived.
Who takes the entire estate if there are no descendants?
Surviving spouse (SS)
How is the estate divided if the individual is survived by descendants?
SS and children share equally; descendants of deceased children take that child’s share, per stirpes.
Define ‘issue’ in the context of intestacy.
All lineal descendants, including children, grandchildren, great-grandchildren, etc.
What is the presumption regarding a child of a married couple?
The child is presumed to be the natural child of the parties to the marriage.
What conditions must be met for posthumously-born children to inherit?
Conceived before D’s death, born within 10 months of D’s death, and survived more than 120 hours after birth.
What rights do adopted children have regarding inheritance?
References in a will to ‘children’ include adopted children; treated as a biological child for inheritance purposes.
What is true about inheritance rights between an adopted child and their genetic parents?
No inheritance rights between the genetic parents and the adopted child.
What happens when a child is adopted by a stepparent?
Adoption does not curtail the parent-child relationship or the inheritance rights of a natural parent.
What is the status of children born out of wedlock concerning inheritance?
Cannot inherit unless certain conditions are met, such as a court order declaring legitimacy or established paternity.
List the conditions under which a child born out of wedlock can inherit.
- Court order declaring legitimacy
- Father’s attestation or signed birth certificate
- Clear and convincing evidence of paternity
What happens to the inheritance rights of a parent who abandons their child?
The parent is not entitled to inherit from the child under intestate succession.
In the absence of a surviving spouse, who shares the deceased’s estate equally?
Surviving descendants (D’s children)
If there are no surviving descendants or parents, who inherits next?
D’s siblings
What is the order of distribution if there are no surviving descendants, parents, or siblings?
- Grandparents
- Aunts and uncles
- More remote degrees of kinship
Describe how shares are calculated under per stirpes distribution.
Issue equally share the portion that the deceased ancestor would have taken, if living.
What are the valid will requirements?
- Writing signed by a testator (T) 14 years or older, of sound mind
- Two or more competent witnesses
What does the term ‘testamentary intent’ refer to?
T must execute the will with present testamentary intent and generally know and approve of the will’s contents.
What are the requirements for witnesses to a will?
- At least two competent witnesses
- Must sign in T’s presence
- Need not sign on the same page
What is a self-proved will?
Creates a rebuttable presumption that the will was properly executed.
True or False: Holographic wills are recognized in Georgia.
False
