2015 - Mee - Wills - Intestacy Rules

Front 1

What does it mean that someone is Intestate?

Back 1

- The dies without a will

Front 2

Who is a decedent?

Back 2

- A person who dies without a Will

Front 3

What is a distributee?

Back 3

- (sometimes known as heir, or next of kin)
- Person who inherits property under intestate succession.

Front 4

Who are issues?

Back 4

- (sometimes known as descendant)
- All persons who have descended from a common ancestor, including those in DIRECT LINE of inheritance with the decedent (i.e., children, grandchildren, etc.)

Front 5

Who is the administrator?

Back 5

- A person (usually a distributee) appointed as a personal representative to administer the estate of the decedent (intestate estate).

Front 6

What is Intestate property?

Back 6

Assets held in the decedent’s name ALONE that do not pass by operation of law or by Will and which the administrator administers in accordance with the EPTL.

Front 7

What is Operation of Law?

Back 7

Property that passes automatically because of the way the property’s title is held, regardless of the existence of a Will or intestacy.

Front 8

What is the residuary?

Back 8

The balance of the decedent’s estate after all claims, taxes and “particular” bequests have been distributed. The “rest” of the estate.

Front 9

What is the order of appointment for administrator? (6)

Back 9

1. Surviving spouse;
2. Children;
3. Grandchildren;
4. Parent;
5. Siblings;
6. Any other distributee.

Front 10

Who gets the property when there is a decedent (intestate) survived by spouse and no children?

Back 10

If the decedent is survived by her spouse but not by any children or issue of children, the surviving spouse takes the whole estate.

Front 11

Who gets the property when there is a decedent (intestate) survived by spouse and children?

Back 11

- Surviving spouse takes 50K + 1/2 of the residuary
- Children split the left over residuary equally
Note: does not matter if the kids are from a prior marriage as long as they are the dead person's kids.

Front 12

What happens when someone dies intestate, there is less than the Family Allowance in the estate; and they have a spouse and children?

Back 12

Whole estate goes to the spouse.

Front 13

Who takes when the decedent is survived by children only?

Back 13

- passes to the children in equal shares

Front 14

Who takes when a decedent is survived by children and issue of predeceased children? (3 step process)

Back 14

In IL it is done Per stirpes: One share for each member (dead or alive of the first class). If member of class is dead, their share is split between their decedents

Front 15

Are in-laws of issue intestate distributees?

Back 15

NO

Front 16

What is per stirpes distribution?

Back 16

- Rule in IL
- instead of recombining the shares of all deceased issue, the issue of the deceased just split the deceased amount.
- So they take the share the predeceased child would have taken if alive

Front 17

When is Per Stirpes distribution used? (2)

Back 17

- Intestacy
- Default distribution even in a will.

Front 18

What is the general rule for the inheritance rights of adopted children and their issue?

Back 18

- They have full inheritance rights from the adopting family, but not from their birth family.

Front 19

What is the general rule for the inheritance rights of a child adopted by a new family?

Back 19

No inheritence rights from the birth parents or other members of the birth family

Front 20

When will a child have inheritance rights from their birth family?

Back 20

- When the child is adopted by the spouse.
- Here the child and their issue can inherit from both the adopting parent and either birth parent.

Front 21

When will an adopted child inherit under the birth relationship? (2)

Back 21

Adopted child is related to the decedent by BOTH:
1. Adoptive relationship; AND
2. a birth relationship
(i.e. adopted by a relative)
- ex: adopted by the uncle and the grandpa dies.

Front 22

When will a child adopted by a relative inherit under the adoptive relationship?

Back 22

When the decedent was the adoptive parent.
(e.g. adopted by the uncle and the uncle dies)

Front 23

What is the general rule for a inheritence of a non-marital child?

Back 23

- Full inheritance rights from the mother and the mother's family;
- Only inherits from the birth father if paternity is established.

Front 24

What are the three ways paternity can be established for inheritence?

Back 24

1. An order of filiation in a paternity suit is entered adjudicating the man to be the child’s father
2. Father ackowledges
3. Paternity is established by clear and convincing evidence

Front 25

What are the two ways a spouse can be disqualified from taking an intestate share?

Back 25

Divorce or Annulment

Front 26

What happens if a surviving spouse kills the spouse?

Back 26

They are treated as predeceasing the spouse and their share goes to whoever is next in line.
- Note: if they have joint property the murderer will get back whatever they put into the joint property.

Front 27

What is an advancement?

Back 27

- Where a lifetime (inter vivos) gift is really just an advancement on the person's inheritance.

Front 28

What is the presumption for advancements in IL?

Back 28

- That there is no advancement.

Front 29

What TWO things are required for an advancement in IL?

Back 29

1. Declared in writing by Donor
2. Acknowledged by Donee

Front 30

What is the effect if a valid advancement?

Back 30

- The advancement amount it added back into the estate, then the estate is split up, and the person who received the advancement has it deduced from their share.

Front 31

What is a disclaimer?

Back 31

- aka renunciation
- Where a distributee says they don't want all or part of their interest in the decedent's estate.

Front 32

What is the effect of a valid disclaimer?

Back 32

The person who disclaims is considered to have predeceased the decedent.

Front 33

What three things are required for a valid disclaimer?

Back 33

1. be in writing,
   
2. signed and
3. delivered to decedent’s personal representative (executor or administrator) or trustee, or person in possession of the property.

• There is no time limit on when a disclaimer must be made. (But under an estoppel principle, a person cannot disclaim after accepting the property or its income, or after mortgaging, etc., the interest.

Front 34

When will a disclaimant be considered to have died after the decesed?

Back 34

- When their disclaimer will unfairly reduce the inheritance of another issue.

Front 35

What is the Family Allowance?

Back 35

• What surviving spouse is entitled to.
• Equal to $20k plus $10k for each child
  

Front 36

Who Inherits when intestate in Illinois?

Back 36

Equal shares to Parents and Siblings

Front 37

Who Inherits when intestate in Illinois with only one surviving parent?

Back 37

Equal shares, where surviving parent takes two and siblings each take one.

Front 38

When is a parent disqualified from taking a share in an intestate proceeding in Illinois?

Back 38

if he neglected, deserted, or failed to support the child.