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The laws of succesio
The Laws of Succession
| Question | Answer |
|---|---|
| What must be done before a will is drafted or an estate plan is established? pg 51 | Determine the persons who are the client's closest relatives pg 51 |
| What indicates who will inherit a peson's property if the peson dies without a valid will? pg 52 | State Statute pg 52 |
| What are the basic assumption behind these state laws or statutes p52 | Most people would prefer their property to descend to their nearest and dearest rather than to wind up in the hands of strangers p52 |
| Who do these statues say should inherit the property and rights? | The inheritors are those people who are the most closely realted to the decedent |
| Who has the right to petition the court to be appointed the decedent's personal representative? pg 52 | The intestate heirs pg 52 |
| Who must be notified of the decedent's death and the administration of the estate? p52 | The intestate heirs pg 52 |
| What if a peson dies with a will? p52 | The same intestate heirs have the right to challenge the document presented to the court as the last will and testament of the decedent. p52 |
| What if the document is found to be invalid? pg 52 | The decedent is deemed to have died intestate and the intestate heirs may acquire the property. |
| What is intestate succession? p 52 | It is the process by which a state stataute determines who acquires a decedent's property, and in what portion if the decedent dies without a valid will. p 52 |
| Why were the intestate succession laws designed? pg 52 | The were design to insure that a person's property stays within the person's family. pg 52 |
| What if a person dies without any blood relations who can be located? pg 52 | His or her property will go to the state in which the property is located. p52 |
| What is the term if His or her property will go to the state in which the property is located. p52 | Escheating pg 52 |
| What are the names of intestate succession laws? pg 52 | Intestate succession laws, laws of succession, laws of descent and distribution. p52 |
| What is the general principal behind the laws known as Intestate succession laws, laws of succession, laws of descent and distribution. p52 | That a person's property should pass by blood relatinships.p52 |
| What is the term used that states that a person's property should pass by blood relatinships.p52 | Consanguinity p52 |
| What is the exception to the rule of consanguinity? p52 | With respect to the laws of succession is that a legal spouse is always considered to be the nearest relative of a decedent. A married couple are considered to be a single unit. p52 |
| What is affinityt? p52 | Persons related to a decedent by marriage instead of blood (spouses excepted) are considered to be related by affinity. |
| What is the basic principal of the laws of intestate succession? pg 52 | relatives by marrigae are not entitled to a person's property (with a willl a person may leave property to whomever he or she desires, but that is not the case if the person dies intestate).pg 52 |
| What is the result of persons who are connected with a decedent by neither blood nor marriage.p52 | Such persons are not considered at all under the laws of succession, no matter how close the emotional relationship may be.p52 |
| Historicallyk, which children were not entitled to inherit from either parent. p52 | Illegitimate on nonmarital children p52 |
| True or False Later, these children were permitted to inherit from their mother and their mothers's family. p52 | True |
| Today, who may nonmarital children inherit from? p53 | today nonmarital children may also inherit from their father and their father's family provided that the paternity of the child has been established and acknowledged or that the parents marry after the birth of the child. p53 |
| Hyacinth as a husband, a son, a father, two sisters, a niece, and a grandniece, all living. Although each of these persons is related to Hyacinth by blood, her husband, Oscar, is considered to be her closest relative under the laws of succession. TERM? | Exception to the rule of consanguinity. pg 53 |
| Fleur is related to her sister Fern by blood, and if Fleur dies intestate Fern in one of her intestate heirs. Fleur is related to Barney by marriage--he is married to Fern, Fleur's sister. If Fleur dies intestate, Does Barney have a claim on the estate? | No. pg 53 |
| Fleur is related to her sister Fern by blood, and if Fleur dies intestate Fern in one of her intestate heirs. Fleur is related to Barney by marriage--he is married to Fern, Fleur's sister. If Fleur dies intestate, Barney has no claim on the estate. Why? | Affinity pg 53 |
| Aida is Loretta's Mother. Evan is Loretta's son. The father of Evan is Leroy. Leroy and Loretta are not married. Aida and Evan are intestate heirs of Loretta. Why? And Is Evan an intestate heir of Leroy, Why? pg 53 | Aida and Evan are intestate heirs of Loretta due to consanguinity. Evan is an intestate son of Leroy due to consanguinity. pg 53 |
| Leroy is the father of Evan and Leroy died intestate. Leroy had had acknowledged paternity during his life. Is Evan an intest heir | Yes under the rule of consanguinity. pg 53 |
| How are the intestate takers of a person's estate categorized? pg 53 | By the type of property they inherit. pg 53 |
| If the decedent left real property, what is the decedent called? pg 53 | If the decedent left real property, the intestate taker is called an heir. pg 53 |
| If the decedent lieft personal property, what is the intestate taker called? pg 53 | The intestate taker of the personalty is called a distributee. pg.53 |
| For simplicity sake, what are most intestate takers generically reffeed to as? pg 53 | Heirs pg 53 |
| How does the theory of intestate succession operate? pg 53 | The closest blood relatives inherit the decedent's property. pg 53 |
| What is the term used for the closest blood relatives? pg 53. | Next of Kin. pg 53 |
| What does the law use to determine closeness? pg 54 | The law uses the a concept known as degrees of separation. pg 54 |
| What does degrees of separation mean? pg 54 | The law calculates how many generations the deceased is removed from the intestate claimant. |
| What does the fewer number mean?j pg 54 | The Fewer the number of generationsj the nearer the intestate heir pg 54 |
| In counting degrees of separation, how does the law work? p54 | The law works in two directions: The primary direction is Lineal, or in a straight line from the decedent. pg 54 |
| What is a lineal relations? | Lineal relations are thos persons who are the direct ancestorsa or descendents of the deceased. pg 54 |
| What is an ancestor? pg 54 | An ancestor is a person from an earlier generation. pg 54 |
| What is a descendent? hog 54 | A descendent is a person from a later generation. pg 54 |
| What word do all lineal ancestors or ascendents have? p54 | All lineal ancestors or ascendents hav the word "parent" as part of their title when claiming kinship to the decedent. p54 |
| What is an example of the words used in lineal ancestors or ascendents? p54 | Parnet, grandparent, great grandparent pg 54 |
| What does the phrase "The issue" mean? pg 54 | Lineal descendents are the issue or offspring or "children" of the deceased and are called children, grandchildren, great-grandchildren and so on. pg 54 |
| What is the second directins that the law uses in counting degrees of separation? p54 | The second direction used by the intestate succdession laws to determine degrees of relationships is collateral or nonlineal. pg 54 |
| What is another name for Collateral? pg 54 | Nonlineal pg 54 |
| What does the catgory of collateral or nonlineal include? pg54 | This category includes all blood relatives who are not directly ascending or descending from the deceased, such as siblings, aunts and uncles, cousins, and so forth. |
| Davida has several family members who are living. They are her mother rose, grandparents Fern and barney and great-grandfather David. What degrees of separation are they? pg 54 | They are three lineal ascendent generations living note taht all of these persons have the word "parent" in their title in relations to Davida. pg 54 |
| Aida has the following living family members: her child Loretta, Her grandchild Evan, what degree of seperation are they? pg 54 | They are two lineal descendents living. both Loretta and Evan have the word "child" in their title in relation to aida |
| Tom has the following living family members: His parents Lottie and Simon and his brother Ken. What degree of separation are his parents Lottie and Simon? And his brother Ken? p54 | His parents, Lottie and Simon, are his lineal ascendents, and his brother Ken is his collateral relative. p54 |
| Anthoney has several relatives: his aunts Grace, and Regina, and Regina's children, his cousins, Matthew, Mark, Mary, and Margaret. What degree of separation are they?p54 | They are collateral relatives.p54 |
| If Regina's children are from two different fathers, are they still Anthony's collateral relatives? | Yes, because they are realted to him through Regina, his blood aunt.p54 |
| If Joseph Hoch, Matthew and Mark's father, has a child by another marriage, would that child be a blood relative of Anthony's | No because Joseph is not his blood uncle, but the child would be a collateral blood relative of Matthew and Mark, Joseph's sons.p54 |
| Is blood relation they only method used for the purpose of determining relationships for the purpose of the laws of succession? p54 | Yes, All relationships for the purpose of tghe laws of succession are determined only by blood relationships. p54 |
| Is it possible for people who are not blood relatives of each other to have relatives in common who are not blood relatives of each other. | Yes, peopole who are not blood relatives of each other may have blood relatives in common who are not blood relatives of each other. Relations from the mother's and father's side are not related to each otehr , as exemplified above. |
| How do you determine degrees of closeness? pg 55 | A generatioanl family tree must be drawn. p55 |
| Once completed how do you determine the degree of seperation? p55 | The degree of separaton is determined by counting how many people separate the relatives in question. p55 |
| How are degrees of separation counted? pg55 | Buy determining how the bood has passed from the decedent to the relative in question. |
| How do you determine lineal relations using the generation family tree? p 55 | Just count up or down. Parents are one, grandparents are two, children are one, grandchildren are two and so forth.pg 55 |
| How do you determie the degrees of separation for collateral relatives? pg 55 | to perform the computation, count the number of generations up to the first blood ancestor the decedent and the collateral relative have in common, then count down to the relative in question. the total indicates degree of separation pg 55 |
| When calculating degrees of separation, how are adopted children considered? p55 | under most statutes adopted children are considered blood relatives of the adopted family. |
| How are persons related only by marriage considered when attempting these calculations to deterine the degrees of separaton in cases of intestate succession? pg 55 | Persons related only by marriage are not considered at all for the purpose of intestate succession. pg 55 |
| how are relatives of half-blood calculated? pg 55 | Relatives of half=blood are only blood relatives if the person in question is realted through the bloodparent. pg55 |
| Who does the physical body of rhe decedent belong to? pg55 | The actual physica body of the decedent is considered the property of the decedent's next of kin who is the closest blood relative who has the authority to dispose of the corpse.pg 55 |
| Does intestate administration generally follow the same procedures as testate? pg 57 | yes pg 57 |
| what are the differnces between intestate and testate administraton? p57 | Intestate has no will to follow and the personal representative is called an administator. The primary differences lie in who petitions to be appointed the personal representative and in how the propert is distributed.p 57 |
| what is the general principal in an intestate situation? pg 57 | The intestate heir in the closest degree of separation to the decedent is the person who will petition to be appointed the persoanl repraesentative. |
| what if the decedent is survived by a spouse? pg 57 | that spouse is typically appointed.p57 |
| What if there is no spouse or if he or she does not wish to fulfill the function,?pt 4 | Usually adult children will be appointed. This is true because the closest blood relative has the greratest claim on the estate, it is that person the court typically appoints.pg 57 |
| Who must determine who are the intestate heirs? pg 57 | Once the personal representative has been affirmed by the court and has abeen issued letters of administration, the persoal representaive must determine who are the intesatae heirs. pg 57 |
| what is the general rule of intestate succession? pg 58 | Persons of a closer degree take the property in preference to persons of a further degree. The closest relative cuts off all others that is a 1st degree cuts off a second degree. If the closest is third degre, will cut off the one in the 4th degreepg58 |
| What are classes? pg 58 | Intestate heirs are grouped by degrees of separation into classes. All relations of the first degree crearte a class, all relations of the second degree create a class and so forth. |
| What happends as soon as one person is found alive in any class? | That class determines the proportionate distribution of the estate. pg 58 |
| What are the three methods used to determne intestate distribution? p58 | Percapita, per stirpes, by representation. pg 58 |
| What is meant by per capita? pg58 | once the closest class with a living member is ascertained, it must be determined hgow many people originally esxisted in this class. p58 |
| Whatg about persons who predeceased the decedent? pg 58 | Their existence at one time is taken into consideration for the purpose of intestate administration. The decedent's estate is evenly divided among all of the people who origianlly existed in this closest class of which at least one member is still alive |
| What is per capita? pg 58 | All members of the class who are alive at the date of death of the decedent take their poriton per capita--equally to each person in his own right. |
| What about members of the class who predeceased the intestate? pg 58 | The other two methods of distribution per stirpes or by representation applyj p.58 |
| What is Per stirpes? p58 | This translates to "by representation" provides that the portion that would have gone to the predeceased per capita class member be distributed to that person's issue in equal shares.p58 |
| what if the predeceased member have no issue? pg 58 | The per capita class is considered never to have included that person. per stipes distributinn mandates that the estate descends lineally to the issue of the predeceased per capita class member.p 58 |
| What is distribution by representation? p58 | With this representative method, the estate is distributed in equal shares to all members of the per capita class.p58 |
| What if there are predeceased members? p58 | that person's portion is pooled together with the portions of other predeceased per capita class members and their collective issue shares that pool equally.p58 |
| What is the difference betgween per stirpes and by representation distribution? jp58 | With the former, the property descends lineally, whereas wit the latter, members of each generation share equally, mor of a horizintal distribution. p58 |
| what does by representaton by distribution mean? p59 | This means that the portion of the estate a person receives is dependent upon his or her generation, not his or her ancestor.pg 59 |
| If David Laplante dies intestate and Hyacinth,Fern and Fleur are members of the class related by the first degree and they are alive, what happens to other claims of persons of further removed generations? pg 59 | they are cut off pg 59 |
| what if Hyacinth and David die together in a car accident? pg 59 | Fern and Fleur are stilll related to David in the first degree, But the class originally contained three people, fern, fleur, and Hyacinth. For the purpsoe of intestate administration, the class is considered to have three persons.pg 59 |
| In the above matter, how will the inheritence be distributed?pg 59 | Fern and fleur each inherit one third of David's estate per capita (in their own right) and Byron, Hyacinth's heir, inherits the last third of David's estate per stirpes, represen his moms estate p59 |
| What if David, Byron and Hyacinth all die in the same car crash? pg 59 | Fern and Fleur would each inherit one-half of David's estate becasue Byron is also deceased and he cannot take Hacinth's portion per stirpes. And so that third is divided between Fern and Fleur. |
| In the above case, Why doesn't Oscar inherit as a surviving spouse? pg 59 | Because he is not a blood relative of David's and it is David's estate that is being distributed. In order to take per stirpes, the repre.must also be blood related by blood to the decedent p59 |
| What is the general rule regarding surviving spouses? pg59 | Under alsmost every statute, the surviving spouse will take before any blood relative except children, and lineal descendents have preference over ascendents and collateral relatives p59 |
| What is the primary purpose of the laws of succession? pg 59 | is to provide for the orderlyh distribution of an intestate's assests to his or her closeest blood relations. |
| What is another name for the laws of succession? pg 59 | the laws of descent and distribution. p59 |
| What is testamentary capacity?p60 | This is one of the requirements to make a valid will. the testator must have testamentary capacity. This is the legal ability to execute a will. pg 60 |
| What is one of the elements of testamentary capacity? o 60 | Knowing who your closest relations are, legally if not emotionally. |
| what happens if Oscar or Hyacinth dies? pg 61 | His or her estate wouod be divided between the survivor and Byron. This means that no provisions would exist for other relatives. pg 61 |
| What would happen if the Lears do not transfer their property while they are alive and die intestate? pg 61 | Cornelia, Grace,, and regina would inherit equally. And since the lears do not want Regina to inherit the property, the laws of intestate succession would directly contradict the Lears's wishes.pg 61 |
| What if Poole died intestate? pg 61 | Tom's parents would inherits all of his property. The laws of intestate succession would directly contradict poole's wishes becasue he wants his friends to inherit his property and friends have no rights under the laws of intestate succession. pg 61 |
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