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38 Cards in this Set
- Front
- Back
What does it mean that someone is Intestate?
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- The dies without a will
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Who is a decedent?
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- A person who dies without a Will
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What is a distributee?
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- (sometimes known as heir, or next of kin)
- Person who inherits property under intestate succession. |
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Who are issues?
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- (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.) |
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Who is the administrator?
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- A person (usually a distributee) appointed as a personal representative to administer the estate of the decedent (intestate estate).
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What is Intestate property?
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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.
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What is Operation of Law?
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Property that passes automatically because of the way the property’s title is held, regardless of the existence of a Will or intestacy.
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What is the residuary?
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The balance of the decedent’s estate after all claims, taxes and “particular” bequests have been distributed. The “rest” of the estate.
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What is the order of appointment for administrator? (6)
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1. Surviving spouse;
2. Children; 3. Grandchildren; 4. Parent; 5. Siblings; 6. Any other distributee. |
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Who gets the property when there is a decedent (intestate) survived by spouse and no children?
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If the decedent is survived by her spouse but not by any children or issue of children, the surviving spouse takes the whole estate.
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Who gets the property when there is a decedent (intestate) survived by spouse and children?
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- 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. |
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What happens when someone dies intestate, there is less than the Family Allowance in the estate; and they have a spouse and children?
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Whole estate goes to the spouse.
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Who takes when the decedent is survived by children only?
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- passes to the children in equal shares
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Who takes when a decedent is survived by children and issue of predeceased children? (3 step process)
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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
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Are in-laws of issue intestate distributees?
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NO
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What is per stirpes distribution?
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- 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 |
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When is Per Stirpes distribution used? (2)
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- Intestacy
- Default distribution even in a will. |
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What is the general rule for the inheritance rights of adopted children and their issue?
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- They have full inheritance rights from the adopting family, but not from their birth family.
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What is the general rule for the inheritance rights of a child adopted by a new family?
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No inheritence rights from the birth parents or other members of the birth family
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When will a child have inheritance rights from their birth family?
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- 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. |
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When will an adopted child inherit under the birth relationship? (2)
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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. |
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When will a child adopted by a relative inherit under the adoptive relationship?
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When the decedent was the adoptive parent.
(e.g. adopted by the uncle and the uncle dies) |
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What is the general rule for a inheritence of a non-marital child?
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- Full inheritance rights from the mother and the mother's family;
- Only inherits from the birth father if paternity is established. |
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What are the three ways paternity can be established for inheritence?
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What are the two ways a spouse can be disqualified from taking an intestate share?
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Divorce or Annulment
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What happens if a surviving spouse kills the spouse?
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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. |
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What is an advancement?
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- Where a lifetime (inter vivos) gift is really just an advancement on the person's inheritance.
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What is the presumption for advancements in IL?
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- That there is no advancement.
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What TWO things are required for an advancement in IL?
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What is the effect if a valid advancement?
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- 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.
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What is a disclaimer?
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- aka renunciation
- Where a distributee says they don't want all or part of their interest in the decedent's estate. |
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What is the effect of a valid disclaimer?
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The person who disclaims is considered to have predeceased the decedent.
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What three things are required for a valid disclaimer?
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When will a disclaimant be considered to have died after the decesed?
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- When their disclaimer will unfairly reduce the inheritance of another issue.
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What is the Family Allowance? |
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Who Inherits when intestate in Illinois? |
Equal shares to Parents and Siblings |
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Who Inherits when intestate in Illinois with only one surviving parent? |
Equal shares, where surviving parent takes two and siblings each take one.
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When is a parent disqualified from taking a share in an intestate proceeding in Illinois? |
if he neglected, deserted, or failed to support the child. |