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Succession Under Intestate Laws
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Terms in this set (10)
If individual dies with a surviving spouse, but no surviving descendent or parent.
Rule 1 - UPC §2-102(1)(A): Spouse gets the entire estate.
If individual dies with surviving spouse and all of the decedent's surviving descendants are also descendants of surviving spouse and the surviving spouse has no other descendants.
Rule 2 - UPC §2-102(1)(B): Spouse gets the entire estate.
Individual dies with surviving spouse and parent, but no surviving descendent.
Rule 3 - UPC §2-102, §2-103(d), and §2-103(e): The surviving spouse will get the first $300,000, and the remaining estate is divided ¾ to surviving spouse and ¼ to surviving parents.
Individual dies with surviving spouse and descendant, but the surviving spouse has a descendent which is not the descendent of the decedent.
Rule 4 - UPC §2-102(3), §2-103(c): The surviving spouse gets the first $225,000 and ½ of the remaining estate. The other ½ of the estate goes directly to the decedent's descendants.
Individual dies with surviving spouse and descendent, who is not a descendent of surviving spouse.
Rule 5 - UPC §2-102(4), §2-103(c): The surviving spouse gets the first $150,000 of the estate and ½ of the remaining estate. The other ½ of the estate goes to all of the descendants of decedent, including the descendant who is not a decedent of the surviving spouse.
If individual dies with no surviving spouse and no surviving descendants, but he does have a surviving parent.
Rule 6 - UPC §2-103(d): The entire estate goes to the parents - split evenly between parents.
If individual dies with no surviving spouse, no surviving descendants, and no surviving parents.
Rule 7 - UPC §2-102(4), §2-103(c): The entire estate goes to the surviving descendants of decedent's parents (including the surviving sibling(s) of the decedent.
If individual dies with no surviving spouse, no surviving decedent, no parent, and no descendants of parents.
Rule 8 - UPC §2-103(g), (h), and (i): Then the entire estate goes to grandparents (split ½ between maternal and paternal). If grandparents have predeceased the decedent, then it will go to the descendants of the grandparents.
If individual dies with no surviving spouse, no surviving decedent, no surviving parent, no surviving decedent's of parents, ad no grandparents/step-grandparents/
Rule 9 - UPC §2-103(j): Then the entire estate goes to the step-children or the step-grandchildren (i.e., the surviving decedents of the deceased spouse).
If individual dies with no surviving spouse, no surviving decedent, no parent, no descendant's of parents, no grandparents/step-grandparents, and no stepchildren.
Rule 10 - UPC §2-105: then the property escheats to the state.
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