Leslie F06 T&E Outline

Leslie F06 T&E Outline - Probate Process Intestate...

Info iconThis preview shows pages 1–3. Sign up to view the full content.

View Full Document Right Arrow Icon
Probate Process Intestate Succession I. Share of the Surviving Spouse (a) Common Law - Didn’t treat the spouse as decedent’s heir, so the spouse did not inherit the real property of the decedent. - Instead, the spouse was entitled to dower or curtesy rights in real estate, which permitted the spouse to enjoy the fruits of that real estate during the spouse’s life. - As to personal property, the surviving spouse was a distributee. - The size of the spouse’s share depends on the decedent’s family situation.(share with the issue, vary from state to state) - Even if the decedent and the spouse were separated at the time of the decedent’s death, a surviving spouse is generally entitled to an intestate share. (b) Community Property States - these states treat property acquired during the marriage as the product of joint efforts of the husband and wife. - Therefore, each share 1/2 share. - Property acquired prior to marriage is counted separately. - Each spouse has a power of testamentary disposition only over his or her half of the community property. (c) UPC § 2-102 - incorporates two features (i) the spouse’s share is larger than is typical of other intestate succession statutes (ii) the UPC takes into account the large number of blended families, and adjusts the share of the surviving spouse to reflect the composition of those blended families - (1): when no descendant or parent of the decedent survives or when survived by only both spouses’ kids: the entire estate of an intestate decedent. (Under the assumption that the surviving spouse will take care of the kids). - (2): if no descendant of decedent survives, but a parent of the decedent survives the decedent: the first $200,000 + 3/4 of the balance. - (3): if all of the decedent’s surviving descendants are also descendants of the surviving spouse and the surviving spouse has surviving descendants who are not descendants of the decedent: $150,000 + 1/2 of the balance - (4): if one or more of the decedent’s surviving descendants are not descendants of the surviving spouse: $100,000 + 1/2 of the balance.
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
II. Decedent’s Descendants X(decedent) -------------------------------------------------- A B C ------------------- ------------------- D E F G H I (a) Strict “Per Stirpes” Distribution - Divides the intestate estate at the level of decedent’s children, whether or not decedent has any surviving children, and then divides the share of each deceased child among that child’s descendants. - Advantage: gives descendants the same shares they would have received if the order of deaths in the family had been normal. - Example: if A,B,C all die before X, D takes A’s share, E and F take B’s share, G,H,I share C’s share.
Background image of page 2
Image of page 3
This is the end of the preview. Sign up to access the rest of the document.

This note was uploaded on 02/14/2008 for the course LAW 7441 taught by Professor Cunningham during the Fall '06 term at Yeshiva.

Page1 / 26

Leslie F06 T&E Outline - Probate Process Intestate...

This preview shows document pages 1 - 3. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online