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1To what does the law of intestacy apply?
To what does the law of intestacy apply?2What is an heir?
What is an heir?3What is an intestacy statute?
What is an intestacy statute?4Is it possible to know who a person’s heirs are before that person dies?
Is it possible to know who a person’s heirs are before that person dies?5If a decedent dies leaving no heirs, how do intestacy statutes following the UPC dispose of the estate?
If a decedent dies leaving no heirs, how do intestacy statutes following the UPC dispose of the estate?6How does the UPC define a descendant?
How does the UPC define a descendant?7How does the UPC define a surviving spouse?
How does the UPC define a surviving spouse?8Under what circumstances does a surviving spouse take the decedent’s entire intestate estate under the UPC?
Under what circumstances does a surviving spouse take the decedent’s entire intestate estate under the UPC?9A decedent died intestate. The decedent was survived by his spouse and a child by the surviving spouse. The surviving spouse did not have any child...
A decedent died intestate. The decedent was survived by his spouse and a child by the surviving spouse. The surviving spouse did not have any children by anyone else. Under the UPC, what is the surviving spouse’s intestate share?10Under the UPC, would a surviving spouse take the entire intestate estate if the decedent’s only other surviving relative is a parent?
Under the UPC, would a surviving spouse take the entire intestate estate if the decedent’s only other surviving relative is a parent?11Under the UPC, would the surviving spouse take the entire intestate estate if the decedent’s only other surviving relative is a sibling?
Under the UPC, would the surviving spouse take the entire intestate estate if the decedent’s only other surviving relative is a sibling?12Under the UPC, what share of the decedent’s estate is due to the surviving spouse if all of the decedent’s surviving descendants are shared with th...
Under the UPC, what share of the decedent’s estate is due to the surviving spouse if all of the decedent’s surviving descendants are shared with the surviving spouse, but the surviving spouse also has descendants who are not shared with the decedent?13Under the UPC, if one or more of the decedent’s surviving descendants is not also a descendant of the surviving spouse, what share of the decedent’...
Under the UPC, if one or more of the decedent’s surviving descendants is not also a descendant of the surviving spouse, what share of the decedent’s intestate estate does the surviving spouse take?14Does the UPC use different rules for what portion of the decedent’s intestate estate is due to a surviving spouse in community-property states and ...
Does the UPC use different rules for what portion of the decedent’s intestate estate is due to a surviving spouse in community-property states and in non-community-property states?15What is a deserting spouse statute?
What is a deserting spouse statute?16Under the UPC, if the decedent leaves no surviving spouse, what portion of the decedent’s intestate estate goes to her surviving descendants?
Under the UPC, if the decedent leaves no surviving spouse, what portion of the decedent’s intestate estate goes to her surviving descendants?17Under the UPC, in what order do children and other survivors of the decedent take any portion of the intestate estate not inherited by the survivin...
Under the UPC, in what order do children and other survivors of the decedent take any portion of the intestate estate not inherited by the surviving spouse?18What default method of representation does the UPC use to distribute an intestate estate amongst a decedent’s surviving descendants and the descend...
What default method of representation does the UPC use to distribute an intestate estate amongst a decedent’s surviving descendants and the descendants of any children that predeceased the decedent?19How is the descendants’ intestate share distributed under a per stirpes method of representation?
How is the descendants’ intestate share distributed under a per stirpes method of representation?20Under the UPC, is an adopted child considered a child of the adoptive parents (i.e., among the adoptive parents’ descendants) for purposes of intes...
Under the UPC, is an adopted child considered a child of the adoptive parents (i.e., among the adoptive parents’ descendants) for purposes of intestate succession?21Under the UPC, what are the three circumstances in which an adopted child can inherit from the adopted child’s genetic family under the law of inte...
Under the UPC, what are the three circumstances in which an adopted child can inherit from the adopted child’s genetic family under the law of intestacy?22A child was adopted by his genetic mother’s husband, i.e., his stepfather. The child reached adulthood and accumulated assets but died intestate, s...
A child was adopted by his genetic mother’s husband, i.e., his stepfather. The child reached adulthood and accumulated assets but died intestate, survived by only his genetic parents and adoptive stepfather. Can the child’s genetic father inherit from the child under the UPC?23Assuming parentage has been adjudicated, acknowledged, or otherwise legally established, can a child born to unmarried parents (i.e., a non-marital...
Assuming parentage has been adjudicated, acknowledged, or otherwise legally established, can a child born to unmarried parents (i.e., a non-marital child) inherit from the child’s genetic father under the law of intestacy?24Under the Uniform Parentage Act (UPA), if an unmarried man has lived with a child from the child’s birth through adulthood and claimed the child as...
Under the Uniform Parentage Act (UPA), if an unmarried man has lived with a child from the child’s birth through adulthood and claimed the child as the man’s own, is the child treated as the man’s child for purposes of intestacy law?25Does the UPA presume paternity if a child was born within 300 days of the termination of any marriage by death, divorce, or annulment?
Does the UPA presume paternity if a child was born within 300 days of the termination of any marriage by death, divorce, or annulment?26A man died, and his surviving spouse bore a child three months later. Two years after the child’s birth, the man’s father died intestate, unmarried...
A man died, and his surviving spouse bore a child three months later. Two years after the child’s birth, the man’s father died intestate, unmarried, and survived by no apparent relatives. Assuming the Uniform Parentage Act (UPA) applies, could the man’s child inherit from the man’s father as a grandchild without an adjudication of the man’s paternity?27Under what circumstances will the UPA presume paternity of an individual who asserts parentage for a child born before a marriage?
Under what circumstances will the UPA presume paternity of an individual who asserts parentage for a child born before a marriage?28Under what four circumstances does the UPA presume parentage?
Under what four circumstances does the UPA presume parentage?29Under the UPC and the law of intestacy in the majority of states, would a half-blood sibling receive a reduced intestate share as compared to a who...
Under the UPC and the law of intestacy in the majority of states, would a half-blood sibling receive a reduced intestate share as compared to a whole-blood sibling?30What is the minority rule governing intestate succession by half-blood relatives?
What is the minority rule governing intestate succession by half-blood relatives?31A man and a woman had two children together, a boy and a girl. The man and the woman divorced, and the woman subsequently remarried and had a baby....
A man and a woman had two children together, a boy and a girl. The man and the woman divorced, and the woman subsequently remarried and had a baby. Following the death of the man and the woman, the boy died intestate. The boy was survived by only the girl and the baby. The state follows the minority rule governing the intestate share of half-blood relatives. Assuming the girl and the baby together would take the boy’s whole intestate estate, what is the girl’s share of the boy’s estate?32Under the UPC, if the decedent leaves no surviving spouse or descendants, to whom does the intestate estate pass?
Under the UPC, if the decedent leaves no surviving spouse or descendants, to whom does the intestate estate pass?33What is a deserting parent statute?
What is a deserting parent statute?34Under the UPC, under what circumstances would a decedent’s surviving grandparents inherit a portion of her intestate estate?
Under the UPC, under what circumstances would a decedent’s surviving grandparents inherit a portion of her intestate estate?35A man died intestate, survived by relatives on both the maternal and paternal sides. On the maternal side, the survivors were a grandfather and the...
A man died intestate, survived by relatives on both the maternal and paternal sides. On the maternal side, the survivors were a grandfather and the grandfather’s daughter, i.e., the decedent’s aunt. On the paternal side, the survivors were both grandparents. Under the UPC intestacy provisions, to whom and in what shares will the man’s estate be distributed?36Under the UPC, could a great-grandparent be an heir in intestacy?
Under the UPC, could a great-grandparent be an heir in intestacy?37How does the UPC define a collateral relative?
How does the UPC define a collateral relative?38In what order does the UPC distribute an intestate estate to a decedent’s ancestors and collateral relatives?
In what order does the UPC distribute an intestate estate to a decedent’s ancestors and collateral relatives?39Under what circumstances would a decedent’s surviving siblings inherit a portion of her intestate estate under the UPC?
Under what circumstances would a decedent’s surviving siblings inherit a portion of her intestate estate under the UPC?40How does the decedent’s intestate estate pass under the UPC if the decedent leaves no surviving spouse, descendant, parent, or descendants of parents?
How does the decedent’s intestate estate pass under the UPC if the decedent leaves no surviving spouse, descendant, parent, or descendants of parents?41How does the decedent’s intestate estate pass under the UPC if the decedent leaves no surviving spouse, descendant, parent, grandparent, or descend...
How does the decedent’s intestate estate pass under the UPC if the decedent leaves no surviving spouse, descendant, parent, grandparent, or descendants of parents or grandparents?42What is an advancement?
What is an advancement?43What is the hotchpot method?
What is the hotchpot method?44Was a writing traditionally required at common law to find that a lifetime gift was an advancement on the donee’s intestate share?
Was a writing traditionally required at common law to find that a lifetime gift was an advancement on the donee’s intestate share?45Under the UPC, in what four circumstances is a lifetime gift treated as an advancement on the donee’s intestate share?
Under the UPC, in what four circumstances is a lifetime gift treated as an advancement on the donee’s intestate share?46A man gave his daughter a car valued at $30,000 for the daughter’s sixteenth birthday. The circumstances of the gift satisfied the requirements for...
A man gave his daughter a car valued at $30,000 for the daughter’s sixteenth birthday. The circumstances of the gift satisfied the requirements for treating the gift as an advancement. A few years later, the man died intestate. The man’s estate consisted of $150,000 in a bank account. If the decedent’s only heirs are the daughter and a son, each of whom takes half of the intestate estate, how much money would each receive out of the bank account using the hotchpot method?47What requirement must an heir satisfy to be treated as a survivor of a decedent under the UPC?
What requirement must an heir satisfy to be treated as a survivor of a decedent under the UPC?48What requirement must an heir satisfy to be treated as a survivor of a decedent at common law?
What requirement must an heir satisfy to be treated as a survivor of a decedent at common law?49A husband and wife died intestate together in a car accident. There was overwhelming evidence that the wife lived for half an hour longer than the ...
A husband and wife died intestate together in a car accident. There was overwhelming evidence that the wife lived for half an hour longer than the husband. The only living relatives of the husband and wife, and thus, the only heirs, were their respective parents. Under the UPC, who takes the estate of the husband?