Wills

Question 1

If a person dies intestate how is property distributed under the UPC?

Answer 1

• Surviving spouse gets 100% if decedent’s surviving descendants are with surviving spouse and surviving spouse has no other kids
• Surviving spouse gets $300K and 75% if no descendants, but decedent’s has at least one surviving parent
• Surviving spouse gets $225K and 50% if all of decedent’s issue are also issue of surviving spouse, but surviving spouse has other issue (kids)
• Surviving spouse gets $150K and 50% if decedent has issue NOT related to surviving spouse

Question 2

How long must surviving spouse survive deceased spouse?

Answer 2

Surviving spouse must be married to decedent at death and survive by more than 120 hours under the UPC.

Question 3

What is the distribution order under UPC if no surviving spouse or issue?

Answer 3

(1) Decedent’s parents, (2) Decedent’s siblings, (3) Decedent’s grandparents or their descendants, (4) next closest relative, (5) if none then escheats to the state.

Question 4

Requirements to create a valid will?

Answer 4

requires capacity, testamentary intent, and compliance with formalities (witnesses)

Question 5

May a will or codicil be revoked?

Answer 5

Yes. A will or codicil may be revoked in whole, or in part, any time prior to death of the testator by a subsequent writing, physical destruction, or by operation of law. Revocation cannot be oral.

Question 6

What is the order of abatement (reduction) if an estate cannot pay all debts?

Answer 6

(1) Intestate property, (2) Residuary bequests, (3) General bequests, and (4) specific bequests. In other words, specific gifts are the last items to be sold/reduced and intestate property is the first.

Question 7

What is the basis for a will contest?

Answer 7

the assertion that the testator (1) lacked testamentary capacity, (2) was operating under an insane delusion, or (3) was subject to undue influence or fraud.