REMEMBER: Even if

INTESTACY person has a valid will; if it

(1) Identify heirs; Remember: Creditors are
(2) Appy bars to succession; the very first in line for this
FAILS TO DISPOSE of
Chart 1: Valid Takers. (3) Distribute via upc; stuff; with the exception of
entire estate, INTESTACY
(4) Reduce by any advancements certain properties.
will apply to the balance.

First, is there a relevant spouse? Req: (1) Valid marriage; (2) legal survival = SHARE

Valid Marriage. Rule of Survival . Share Calculation:

-Legal marriages and civil parnterships apply; same sex marriages count 120 hour rule UPC 2-105, 702. Dependent on presence of
per Obergfell. -Common law spouses, where recognized. Unless beneficiary survives more than children and parents. GO
120 hours (5 days) past deceent's death, TO CHART for UPC
treated as having predeceased. breakdown.
Separated, Clear and Convincing Ev. Stdrd.
Putative Marriage: If Cohabiting,
Not marriage not valid for some Unregistered:
Divorced: Alt Rules: Best medical practice;
reason; COUNTS so long as EXCLUDED unless something about elective
Treated as simulatneous death
one party had good faith valid common law shares?
married for Note: Applies to all intestate survival
belief that it was valid. marriage.
intestacy. issues.

Second, identify the children and issue.

Children. Immediate offspring and legitimate adoptees of the decedent himself. [Exclues stepchildren] Issue. Offspring of children's blood.

!!! Distinction from 'Children' : Generally

Adoptees. Equitable Adoption
Included in NEW
PARENT's Maj: Ineffective adoption
intestacy; excluded creates NO intestacy
from birth parents rights.
Minority: Adoption by
Estoppel. If adoptive parent
fails to finish promised
Stepfather Excptn: paperwork, equitable
Not excluded from adoptee may recover from
birth parents IFF 'equitable parent' IFF:
new parent married
(1) K exists for adoption b/w
to one old
persons w/ legal auth;
(2) Performance by natural
Lover Exception: parents [giving up child]
Intestacy does (3) Performance by child
NOT apply to [lives with new parents];
adoption of an adult AND
lover (for intestacy (4) performance by adoptive
purp) persons
Posthumous Children:
Child concieved during life
but born after death is IN
BEING; intestate share
passes at conceptions.
Note: Applies also to
mothers kept alive on life
support.
Posthumous Conception:
Sperm/Egg Donor.
Balancing Test: (1) Best
interests of child; (2)
deceased parent's
reproductive rights; (3)
state's interest in the orderly
administration of the estate.
Illegitimate Children
UPC 2-114. Child is
valid of both parents,
regardless of marital
status
Pre-UPC Rule:
Automatically takes from
mother, but not father
IFF (1) father denies
responsibilitiy, & (2)
Four-Element Paternity
Test: (a) subsequent
marriage; (b)
acknowledgement by
father; (c) adjudication
during father's life; (4)
clear and conving
evidence after death.
does NOT include the adult adoptees of a
decedent's child (ie cannot 'insert'
someone into parent's intestacy--adoption
only impacts the legal rights of the adoptive
party)
Apply survival rule to children and issue.
In Analysis: When a parent either
predeceases, is disinherited, or
DISCLAIMS, the ISSUE takes via
representation system.
IF there are surviving descendants: GO
STRAIGHT TO CALCULATION OF
SHARES. Ancestors are irrelevant if issue
survives.
Rule: After surviving spouse share set aside,
decedent's children and their descendants
take remainder to exclusion of all others.

Third, ancestors and collaterals Fourth, are any takers BARRED from succession?
identified.
Either via choice or wrongdoing, a person may be eliminated from the intestacy distribution.
Three Main Categories of Key: What happens to their share?
Ancestors/Collaterals. Take balance
from [spouse share] in this order, at Parental Disclaimer : For tax/debt Slayer Rules.
Spousal Abandon. Disinheiritance purposes, intestate may If, by preponderance of evidnc
exclusion of others. Abandon. UPC 2-101(b).
If surviving forego gift and pass to his [no conviction needed, but IS
Ancestors If a parent Decedent may heirs. dispositive if guilty], the
Parents. (Incld. adoptive surviving abandoned disinheir heir by Beats "ordinary creditors" if potential heir caused the
parents).FULL TAKER(S). spouse child, properly BEFORE bnkrptcy filing--> death of the decednet.
leaves due cannot executing a will does not fool CANNOT TAKE. [Minority
First Order to adultery that expresses medicaid/IRS.
Collaterals. take sometimes disinheirits slayer's
Half-Siblings: and EXCEPTION: this intent. issue]
Siblings and Majority refuses to
surv. issue If there is a IRS: Disclaimer Medicaid
treats as support C/L: Cmplt Note: Involuntary
thereof. reconcilliation w/n 9 mo. or Eligibility
full-blooded. other dispsnt to others manslaughter IS NOT A
Distribute via between taxable thwarted
spouse, was ONLY way 'slaying'
representation. the parent income. by a
MAY NOT MINORITY: UPC extends to
and child IRS: Can force disclaimer, NONPROBATE assets and
Second [ ? ] Order recover Note: This
from the re: non disclaimer no free
Grandparents and their progeny. matters more for only regards "felonious and
estate. abandonment, to recover tax taxpayer
DIstribute via Parentellic OR partial intestacy. intentional killing"
Degree of Relationship System.
may take. bills. $$
minority
majority

Effect on DIsp. Treated as having predeceased. [Maj rule for slayer stat.] Constructive Trust.

Calculation.
Chart 2: Intestate First, determine spousal share based on the other survivors.
Distribution Second, determine how the balance is distributed to remainder. [Application of disinheritance/disclaimer, applicaiton of
representation system, application of hotchpotch/advancement reduction.]

Is 'Early Grave' 'Fruitful Marriage'

(1) SHARE of Sole Snow White Rule
succession Stepdad Rule
Spouse UPC 2-102. Survivor [Vengant StepMom]
barred? Descedent's All of decedent's [Reduction]
(spousal parents & surviving All of decedent's DId the
Highly situationally Neither All of spouse's
abandonment, spouse, but no descendants are surviv. descndts are SPOUSE
dependent on survival parent nor descendants are
slayer, children, ALSO the also spouse's, BUT also decedents' but recieve
of other family child of
disclaimer) survive. surviving's spouse's spouse has half-kids advancements?
members. decedent decednet has one
descendants--and not from decedent. See Below. IF
If kids, parents don't survives. or more half kids.
Spouse: First spouse has NO SO, deducted
matter. If no kids,
200k + 75% of half-kids. Spouse: First 150k + from spousal
look at parents. Apply UPC Entire Spouse: First 100k
balance. 50% balance. share.
estate to + 50% balance.
Parents; 25% Entire estate to Remainder to issue. Remainder to kids.
spouse.
IFF surivving balance. spouse.
descendatns/parent

Is succession What representation scheme applies? [Three key points: 1) Which [Reduction] Did any CHILDREN,
(2a) Descendants'
barred to generation is property divided at FIRST? 2) At that gen., how many shares recieve advancements?
Shares.
any? do we make? 3) How are the "dropping shares" distributed? If so, reduce. [Note: Advancement
doctrine applies to more than just
kids]

(i) English Per Stirpes. (iii) Per Capita @ Each Generation.

1) Divide property into as many of decedent's
surviving children AND deceased children
who have living heirs.
2) The children of deceased heir
"represent" and divide share betwixt
themselves.
(EPS)
Treats each taker w/n a generation the same as other Advancement Doctrine: At C/L, a
takers in that generation. lifetime gifts were preseumed to
1) First gen. w/ > 1 survivor; survivor takes proportional be advancemnts and held
share of that gen., as if all live. against intestate share.
2) Deceased shares are pooled and "dropped down"
collectively to next gen. REPEAT. MODERN MAJ: Lifetime gifts not
presumed to be
PC@EG advancements--absent showing
of intent, if made to SPOUSES,
LINEAL DESCENDANTS, or
COLLATERALS.

CALCULATING THE
REDUCTION: Hotchpotch
System.
(1) Add value of advancement to
the distributive portion of the
estate;
(ii) Modern Per Stirpes. (MPS)
(2) Divide by the number of
Note: ONLY different from EPS IFF no child of
heirs;
decednet survives.
(3) From advancee's portion,
Rule: When an entire intermediate generation
subtract the advancement value.
predeceases, the subsequent gnereation
recieves as if it were the direct children/first
gen. If the advancement exceeds the
share, does not have to
'replenish' simply gets
NOTHING from intestacy.
(2b) Ancestors and Is succession
COllateral Shares. barred to any?

(Laughing Heirs)
Parentelic System -> Estate divided into two halves,
(c) No parent, but at traced to nearest survivors on EACH side of family.
(a) Do both (b) Does if spouse, (d) No surviving
least one surviving [UPC 2-103, dead ends if no descendants of
parents ONE parent STOP siblings. Use
sibling/(issue?)? grandparents survive--don't go to GGP, ESCHEAT.
survive? survive? jurisdiction's
no no "Parentellic" or
Yes -> Balance bases
Yes -> They Yes -> Gets "Degree of
to siblings and/or
split the entire Relationship" Degree of Relationship System -> Court finds the
descendants by
entire estate. estate. System. NEAREST relation on table of
representation.
consanguinuity--regardless of parental/maternal.
Person gets ENTIRE ESTATE--if tie of people, they share
the estate b/w. [Half-siblings are FULL siblings here].
[Reduction] Take the Advancements out, if applicable.