W&T: Wills: Distribution Flashcards

1
Q

The following persons are eligible to be administrators of the estate:

A

in the following priority:

(1) surviving spouse
(2) children
(3) grandchildren
(4) parents
(5) siblings

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2
Q

Bars to succession

A

in order to collect, you must:

(1) survive the testator
(2) not be disinherited
(3) not have killed the testator
(4) not have disclaimed your share

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3
Q

define the slayer statutes

A

where a devisee intentionally and feloniously kills the decedent, the victim’s property passes as though the killer had predeceased the victim

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4
Q

what disqualifies a surviving spouse from inheritance

A

(1) divorce or annulment issued prior tot eh decedent’s death
(2) marriage that was voice due to bigamy or incest
(3) the abandonment by the surviving spouse or his or her failure to support the decedent

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5
Q

Intestate shares of children and others

A

grandchildren, etc. generally take the share that their ancestor would have taken if he had survived. Their share is calculated according to the per capita at each generation method of representation

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6
Q

advancements

A

these are irrevocable lifetime gifts intended by the donor to satisfy at least part of an anticipated inheritance. UN NY laws, such a gift must be proved by a signed writing evidencing such an intent. this amount will be deducted from the heirs intestate share.

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