Wills & Estate Administration

Question 1

Intestacy - Spouse & Descendants (CP)

Answer 1

By statute, when a decedent is survived by a spouse and descendants, they will inherit the intestate estate to the exclusion of everyone else.

If at least one of the descendants was not the surviving spouse’s child, the decedent’s one-half community interest passes to his descendants, who take per capita with representation. The surviving spouse retains her one-half community interest.

Question 2

Joint Tenancy

Answer 2

Spouses can create a joint tenancy with right of survivorship with respect to community property, but only if both spouses sign the governing instrument.

Question 3

Homestead Passes at Death

Answer 3

The homestead passes at death free of creditors’ claims if the decedent is survived by a spouse or minor child. If the decedent was survived by a spouse or minor children, the spouse is entitled to occupy the homestead as long as she chooses to occupy it.

A minor child may occupy it until age 18.

Question 4

Intestacy - Separate Personal Property

Answer 4

Spouse gets 1/3; children get 1/3; all to spouse if no descendants

Question 5

Intestacy - Separate Real Property

Answer 5

Separate real property passes to the decedent’s children, subject to a LE in an undivided 1/3 in favor of the spouse, with a remainder to the children.

If no descendants: spouse 1/2 FSA; parents 1/2 FSA
If no descendants or parents: all to spouse