Intestate Succession

Front 1

Original UPC Intestate Share of Surviving Spouse

Back 1

1. Survived by Spouse- no descendants or parents: ALL
2. Survived by spouse- no descendants BUT parent(s): 1st $50k + 1/2 of balance.
3. Survived by descendants ALL of whom are descendants of surviving Spouse: 1st $50k + 1/2 of balance.
4. Survived by descendants SOME of whom are NOT descendants of surviving spouse: HALF (2nd marraige situation)

Front 2

Revised UPC Intestate Share of Surviving Spouse

Back 2

1. Survived by spouse- no descendants or parents: ALL
2. Survived by descendants, all of whom aredescendants of surviving spouse AND NO descendants from EARLIER MARRAIGE: ALL (1 marraige situation)
3. Survived by spouse- no descendant BUT survived by a parent: 1st $200k + 3/4 of any balance.
4. Survived by descendants, all of whom are of surviving spouse, BUT spouse has descendant(s) not of the decedent: 1st $150k + 1/2 of any balance.
5. Survived by descendants, some of whom are NOT descendants of surviving spouse: 1st $100k + 1/2 of balance.

Front 3

Strict Per Stirpes

Back 3

Right of Representation.
Younger genereation divides predeceased older generation's share as though older generation had surived.

COMMON LAW

Front 4

Per Capita w/ Representation

Back 4

Representation ONLY where there are living members of a generation. Often leads to same result as strict per stirpes but not always.

FORMER UPC & MAJORITY RULE

Front 5

Per Capita at each Generation

Back 5

Memebers of the same generation always take equal shares (doesn't punish large families). Whatever is not distributed at 1 generational level is recombined and distributed at the next gen level.

MODERN UPC

Front 6

What if not survived by a spouse or any descendants?

Back 6

ALL to surviving parent(s).
MAJORITY RULE

If no parents either then to descendants of parents (bro/sis) then their descendants (neice/nephew). Local intestacy rule to apply.

Front 7

The Order of Classes are:

Back 7

1. Spouse
2. Descendants
3. Parents
4. Siblings
5. Ancestors & their descendants

5 is where the PARENTELIC, NEXT O' KIN, CIVIL LAW & MODIFIED CIVIL LAW SYSTEMS for determining heirs begin

Front 8

Parentelic Inheritance

Back 8

Not survived by spouse, descendant,or parent then 1/2 to maternal/paternal living grandparent(s).

Front 9

Next of Kin System

Back 9

Relatives in closest degree of kinship share equally w/out representation. 2 ways to closest degree of kinship:
CIVIL LAW & MODIFIED CIVIL LAW

Front 10

Civil Law Method

Back 10

MOST COMMON
The potential heir with the fewest steps between self and decedant's common ancestor.

Front 11

Modified Civil Law Method

Back 11

?

Front 12

Lifetime Gifts to Heir or Will Beneficiary

Back 12

Lifetime gift to descendant presumed as sdvancement against intestate share. COMMON LAW

Lifetime gift to descendant is NOT advancement UNLESS declared in contemporaneous writing by donor or acknowledge in writing by donee. MAJORITY(&UPC)RULE
*Same applies to advancement against wills

Front 13

Disclaimer of Share

Back 13

Heir or Beneficiary can disclaim interest in whole or in part by a signed writing within a reasonable time (UPC 9mth). Cannot disclaim after accepting benefits or direct who takes by disclaimer. Once disclaimed it's irrevocable. *Antilapse will still apply.

Front 14

Uniform Simultaneous Death Act

Back 14

When title to prop depends on order of death and no evidence of that order, the property passes as though each survived.
Intestacy/Wills= as though intestate survived and heir predeceased (anti-lapse still applies)

Front 15

120 Hour Rule

Back 15

Heir/beneficiary who fails to survive deceadant by 120hrs is deemed to have predeceased. UPC