Wills

Question 1

What law is used to determine the validity of a will?

Answer 1

• Common Law: where testator was domiciled at death
• UPC: will is valid if it complies with the state where it was executed, where the testator was domiciled when he signed it, or where he was domiciled when he died

Question 2

What law governs the post mortem distribution of property?

Answer 2

The place where the decedent was domiciled at death

Question 3

What law governs the postmortem distribution of real property?

Answer 3

Law of the situs, where the real property is located

Question 4

What law applies to whether a child is entitled to inherit?

Answer 4

Law of the intestate’s domicile at time of death, or law of the situs is real property

Question 5

Per capita at each generation

Answer 5

Find the first generation where there are children living. Then, give one share to each living child and one share for each in that generation who predeceased the decedent but left surviving children of their own. Then, combine all the shares of the deceased persons and divide them equally at the next generational level

Question 6

Per capita with representation

Answer 6

The children of the deceased take the exact share that their deceased parents would have had.