T&E Question

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goosey
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Joined: Tue Aug 19, 2008 11:48 pm

T&E Question

Postby goosey » Sun Dec 04, 2011 6:19 pm

i am getting really confused as to how the systems of representation [per stirpes, modified per stirpes, etc] mesh with intestacy statutes like UPC 2-103

so for example, under 2-103, if there is no surviving spouse, no surviving descendants, and no surviving parent, next in line are descendants of the parents by representation. So for example, under a strict per stirpes system where you allocate primary shares at the generation closest to the decedent, does this mean you divide primary shares amongst the sibling class?

hypo:

A&B marry and have kids: 1,2,3,4---Decedent is 3. A, B and 4 predecease and 3 is not married and has no descendants. 4 has surviving descendants.

Would this work in the following way:

3 primary shares [1,2, and predeceased 4 since she has surviving descendants]---so 1 gets 1/3, 2 gets 1/3 and then the decsendants of 4 split 1/3



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