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8 Cards in this Set
- Front
- Back
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Half-Bloods
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Majority of states & UPS, a relative of the half-blood is treated the same as a relative of the whole-blood.
Minority, half-blood is given 1/2 share or only when there are no whole blood relatives of same degree. KY - HB gets only half as much as whole-blood. |
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Adopted Children
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an adopted child is no longer considered a child of either natural parent and loses on adoption all rights of inheritance from his natural parents - adopted child takes the same as biological child
KY - same as majority |
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Children out of Wedlock
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early law - could not inherit - a child born out of wedlock was filius nullius (the child of no one), not law anymore.
Now all permit inheritance from the mother, but the father varies. Maj permit paternity to be established by evidence of the subsequent marriage of hte parents, by acknowledgment by the father, by an adjudication during the life of hte father, or by clear and convincing proof after his death. |
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Advancements
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Maj - based on theory that parent wanted all children to share equally unless otherwise stated. If intestate, property given prior to death to an heir is treated as an advancement against his share only if, (1) the decedent declared in a contemporaneious writing or the heir acknoledged in writing that the gift is an advancement or (2) the decedent's contemporaneous writing or the heir's writing acknowledged that the gift is to be taken into account in computing the division of distribution.
KY - you should write: (1) Donor is transferring property and donee understands that property is not an advancement whether I die testate or intestate, or (2) Donor intends for property to be an advancement and donee understands this. KY - Descendant receives nothing until shares of other descendants are proportionately equal to advancement, AND, Advancements are not calculated into estate when assessing widow/widower’s share See also, Hotchpot |
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Hotchpot
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If a gift is treated as an advancement it is accounted for in distributing the decedent's estate by bringing it into hotchpot. This means you take the total estate and add the amount of the gift, then divide by the heirs, subtract from the gift recipient the amount of gift
See Also Advancement |
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Children Intestate Distribution
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ENGLISH PER STIRPES [STRICT PER STIRPES]—shares always start equally at first generational level, whether there are surviving descendants or not. Then, that share drops to their descendants
PER CAPITA WITH REPRESENTATION—estate is divided into shares at the generational level nearest to the decedent in which 1+ descendants of decedent are alive and equal shares given to all at this level, whether alive or not. Then, that share drops to their descendants PER CAPITA AT EACH GENERATION—UPC §2-106b—shares start at the level where there is a surviving descendant and a share is given to each heir, whether alive or dead. Shares given to deceased heirs are pooled and equally divided among those descendants NEGATIVE DISINHERITANCE [NEGATIVE WILL]—barred heir is treated as if he disclaimed his intestate share, which means he is treated as having predeceased the intestate KY - strict English per stirpes system whether descendant is deceased or not |
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Descendants (not Children) Intestate Distribution
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Rule for COLLATERAL KINDRED—if the decedent is not survived by a spouse, descendant, or parent, in all JX intestate property passes to brothers and sisters (nephews & nieces) take by representation, usually in the same manner as the decedent’s descendants
1st -LINE COLLATERALS —descendants of decedent’s parents, other than decedent and the decedent’s descendants 2nd-LINE COLLATERALS—descendants of the decedent’s grandparents, other than the decedent’s parents and their descendants PARENTELIC SYSTEM—if no first-line collaterals, intestate estate passes to grandparents & their descendants, & if none to great-grandparents & their descendants, & if none to G-G-grandparents & their descendants, on down each line [parentela] descended from an ancestor until an heir is found DEGREE-OF-RELATINSHIP SYSTEM—the intestate estate passes to the closest of kin, counting degrees of kinship [must count steps from decedent on Table of Consanguinity and the number of steps is the degree of relationship] LAUGHING HEIRS—remote collaterals [persons so distantly related to the decedent as to suffer no sense of bereavement, laughing all the way to the bank] KY - Dower is the first claim against the estate |
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Slayer Statutes
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barred from intestate succession
Maj. - treat slayers as predeceasing their victims, allowing the slayer’s inheritance to pass to his or her heirs Common law—made no distinction against slayer, so slayer not barred. Slayer should not be punished twice, assuming conviction Common law, in most jx, has been replaced with assumption that slayer has predeceased the decedent and thus is barred from inheritance, but descendants of slayer are not barred Chinese system —punishes bad behavior & rewards good behavior by adjusting inheritance UPC §2-114—prohibits inheritance by a parent from a child if the parental rights of the parent could have been terminated under state law for nonsupport, abandonment, abuse, or neglect KY - no slayer statute |
