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42 Cards in this Set

  • Front
  • Back
what 's Descent & Distribution Rules?
1. Decedent left no will (or left a will that wasn’t properly executed)
2. Will does not make a complete disposition of the estate (“partial intestacy”);
3. Heir (“distributee”) successfully contests the will
4. the will is denied probate
what's the Intestate Decedent Survived by Spouse (with Spouse and one or more children) take?
a. Spouse takes = $50K off the top + ½ of the balance
b. Remaining ½ = passes to children
how to pass a intestate to a issue?
issue per capita at each generation
regardless of whether kids came from that marriage or an earlier one
what's the intestate decedent when Spouse & NO issue ?
spouse takes entire estate
if intestate survived by spouse can parent & collateral take?
no
what does it mean by Issue Take “Per Capita At Each Generation” ?
a. Step 1 – make the initial division of shares (with one share for each line of issue) at 1st generational level at which there are living takers
b. Step 2 – all living persons at that generational level take a share
c. Step 3 – the shares of deceased persons at that generational level are combined & then divided equally among the takers at the next generational level in the same way
Does issue of the living takers will join the per capita at each generation when their parents have not died?
no
Is in-laws are issue
no. in-laws are NOT issue, so they don’t get anything
Issue, who predeceased mother, had left a will leaving “all my property, including any interest I have in my mother’s estate, to my wife” , can the wife take?
wife can NOT take because he had no interest to leave his wife (only had an expectancy in his mother’s estate)
how does Gift in a WILL or TRUST to someone’s issue distribute?
also distributed per capita at each generation
A’s will that bequeaths $$ “to the issue of brother B” & the rest of the estate to sister S , how does it distribute?
distributed per capita at each generation
what does Intestate Decedent Not Survived by Spouse or Issue distribute?
All to parents or surviving parent
what 's Intestate Decedent Not Survived by Spouse or Issue not survived by Parents take?
Issue of parents (siblings or the issues of deceased siblings); per capita at each generation
WHEN SPOUSE DISQUALIFIED FROM TAKING IINTESTACY, ELECTIVE SHARE?
DISMAL.
what does D means in dismal?
a. Divorce: a final decree of divorce or annulment valid under New York law
what does I mean in Dismal?
b. Invalid divorce: procured by a surviving spouse, outside of New York, divorce or annulment not recognized as valid under New York law
what 's the one-way strict rule for Invalid divorce in Dismal?
doesn’t bar surviving spouse if deceased spouse procured the invalid divorce or annulment
what does SMAL mean in Dismal?
c. Separation decree
d. Marriage is void
e. Abandonment and Lack of Support: surviving spouse abandoned or refused to support deceased spouse
Does Separation decree rendered against surviving spouse bar taking interstacy and elective share?
no
Does a decree of separation disqualifies the surviving spouse from filing for elective share and taking decendent's will?
Thus a decree of separation disqualifies the surviving spouse from filing for an elective share, but does not disqualify the spouse from taking under the decedent’s will.
when does Gifts and fiduciary appointments in favor of former spouse are revoked?
ONLY IF we have FINAL DECREE of divorce or annulment
Does final decree of divorce is necessary to knock out elective share?
no
F. Inheritance Rights of
Adopted children & their issue
a. Adopting family – full inheritance (& vice versa)
b. Natural parent or their kin – NO inheritance rights
what happen if child is adopted by the spouse of a natural parent?
the child & his issue can inherit from
(i) adopting parent, and (ii) both natural parents
If child is adopted by a relative
Decedent is adopting parent
inherits under the adoptive relationship
what if Decedent is related by both a natural relationship & adoption?(grandmother dies intestate)?
inherits under the natural relationship
Does step child has inherent rights?
no
Does the “adopted out” child take as beneficiary of a class gift made in the will of a member of the child’s natural family?
no
what's Inheritance Rights of Non-marital Child for natural father?
inherits ONLY IF
a. Legitimated by marriage
b. Order of filiation: entered during father’s lifetime, adjudicating the man to the child’s father
d. Paternity established in probate proceeding by clear & convincing evidence AND father openly acknowledges child as his own
c. Father files an affidavit of paternity with the Putative Father Registry
e. Blood genetic marker test(DNA) “plus other evidence”– proves paternity by clear & convincing evidence
Does a child support agreement per se is not sufficient to make the child an heir?
no
how does Advancement arithmetic?
(i) add advancement & estate value, (ii) calculate shares, (iii) subtract advancement from the donee’s share
what 's Lifetime Gift by Testator to Beneficiary – “Satisfaction of Legacies” (in Wills) in common law?
Common law – lifetime gift to a beneficiary named in a donor’s will (executed before the gift was made) was presumptively in partial (or total) satisfaction of the legacy, to be applied against the amount to which the beneficiary was entitled under the will
what's ny satisfaction of legacies?
rejects
− UNLESS proved by contemporaneous writing, signed by donor or donee
what's Disclaimer
Will beneficiary or Intestate heir can disclaim or renounce (in whole or part) his interest in decedent’s estate
what's the disclaimer's requirement?
a. In writing, signed & acknowledged
b. Accompanied by separate sworn affidavit that he received no consideration for making the disclaimer; AND
c. Irrevocable, & must be filed with Surrogate within 9 months after decedent’s death
what's the result of disclaimer?
disclaimant is treated as if predeceased or died on the same day as, but after, the decedent
What can you disclaim?
(i) life insurance, (ii) employee benefit plans
(iii) trusts, (iv) other non-testamentary transfer,
(v) surviving joint tenant or (v) tenancy by entirety
what can disclaimer be made?
disclaimer can be made by guardian, holder of POA, or decedent’s personal rep.
Uniform Simultaneous Death Act (USDA
if 2 persons die in 120 hours that they have died otherwise than simultaneously, the property of each is distributed as though T survived
what's the step for Uniform Simultaneous Death Act?
a. Step 1 – apply USDA and consider as beneficiary / heir predeceased him (BOTH will & intestate)
b. Step 2 – apply Anti-Lapse Statute for beneficiaries who are sibling/issue (ONLY wills)
what does USDA applies to distributions of property?
intestacy, will, joint tenancy, life insurance contract
what USDA act in Tenancy by the entirety's survivorship interest?
USDA prevents the operation of the right of survivorship; in effect the property is converted into tenancies in common, & each half passes as though 1 party survived