W&T: Wills: Distribution Flashcards
The following persons are eligible to be administrators of the estate:
in the following priority:
(1) surviving spouse
(2) children
(3) grandchildren
(4) parents
(5) siblings
Bars to succession
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
define the slayer statutes
where a devisee intentionally and feloniously kills the decedent, the victim’s property passes as though the killer had predeceased the victim
what disqualifies a surviving spouse from inheritance
(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
Intestate shares of children and others
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
advancements
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.