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10 Cards in this Set

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  • Back
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When Instestate Distrubution Rules Apply
1. Person dies w/o valid will
2. Will denied probate
3. Will doesn't completely dispose of estate (partial intestacy)
3 times (Will Probably Doesn't)

Gen, the law of state where decedent was domiciled at death determines the disposition of ___ ___.
Personal Property

Disposition of ___ ___ os determined by law of state where prop is located.
Real Property
Intestate statutes (or a will) apply only to a decedent's ___ estate.
a.k.a "testamentary"
Probate estate consists of two different types of assets. What are they?
1. Assets that pass by will or inheritance
2. Assets that are subj to administration by decedent's PR (cash, real estate, personal effects).
What are nonprobate assets?
1. Prop that passes under K
2. Prop held w/ another w/ right of survivorship
3. Trust assets where decedent is trustee or beneficiary
4. Assets over which decedent holds power of appointment
(there are four)

POAched ROSe Tea, K?
In which Js does surviving spouse take an intestate share?
All Js
Typically, what share does surviving spouse take if decedent is survived by spouse and decedentants?
1/2 or 1/3
two options
Under the ORIGINAL UPC, if decedent is survived by a spouse/descendants and descendants are NOT descendants of the surviving spouse, how much of the estate passes to spouse and how much to decedent's descendants?
1/2 to spouse and 1/2 to decedent's descendants.
Under ORIGINAL UPC, if decedent's descendants are also descendants of the surviving spouse, how much does the spouse take? How much do descendants take?
Spouse: first $50,000 plus 1/2 balance of estate

Descendants: remaining 1/2 of estate