Transfers to Children

Question 1

Total assimilation

Answer 1

No longer can inherit from natural parents.

Question 2

UPC Adoption

Answer 2

Adopted kids can inherit FROM/THROUGH the ancestor or collateral of decedent.

Question 3

GR adult adoption

Answer 3

Generally, an adult adoptee is entitled to take under the will or trust of the adoptive parent just like a biological child.

Question 4

Stranger to the adoption rule

Answer 4

The adoptive child is presumptively barred if the donor was not the adoptive parent.

Question 5

Stranger to adoption exception.

Answer 5

An adopted child might be permitted to take if adopted before, NOT AFTER, the donor’s death on the theory that the donor knew of such child and must have contemplated the child’s inclusion.

Graybill: explicitly written that child can take with clear intent.

Question 6

Graybill exception:

Answer 6

A adult adoptee should inherit the same as an adopted child but there must be explicit language in the will.

Question 7

Equitable adoption doctrine

Answer 7

An oral agreement to adopt A between the adoptive parents and A’s genetic parents is inferred if adopted parents take baby A into their home and raise A as their own.

Question 8

Equitable adoption elements

Answer 8

Implied agreement to adopt

Reliance

Performance by biological parents

Performance by child (adoptee)

Partial performance by foster
parents

Intestacy of the foster parents (but foster parents cannot inherit from child/adoptee)

Question 9

Posthumous children

Answer 9

A child born 300 days after the death of the father is established as his child.

Question 10

2008 UPC (inheritance)

Answer 10

Inheritance rights turn on whether a parent child relationship

Question 11

UPC Advancements GR

Answer 11

Generally, a advancement is allowed when the decedent gave the gift during its lifetime declared in a contemporaneous writing that the gift is an advancement.

Question 12

CL Advancement

Answer 12

Any lifetime gift by the decedent to a child was presumed to be an advancement and charged against a predeceased advancement.

Question 13

Hotchpot

Answer 13

If a gift is treated as an advancement, it is accounted for in distributing the decedent’s estate.

Question 14

T/F: Under the UPC, the advancement to a predeceased advancee is not charged to the deceased advancee’s issue

Answer 14

True

Question 15

T/F: In NC, the advancement is charged to the deceased advancee’s issues

Answer 15

True

Question 16

Hotchpot formula

Answer 16

Value of the decedent’s estate at death + value of the advancements during life.

Question 17

ML Advancement

Answer 17

A lifetime gift is not an advancement unless it is shown to have been intended as an advancement.

Question 18

Slayer Rule

Answer 18

If one feloniously and intentionally kills the decedent, they are not entitled to take their portion of the estate. However, if they would still take (spouse) a constructive trust may be created for the other beneficiary

Question 19

Disclaimer

Answer 19

Inheritance will pass as if the disclaimant has predeceased.

Question 20

CL disclaimer

Answer 20

A person who disclaims their share of the estate is treated as a predeceased party and their share pass by intestacy

Question 21

xx

Answer 21

xx