For UBE, how are you approaching Wills Intestacy?

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Impishee

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For UBE, how are you approaching Wills Intestacy?

Postby Impishee » Tue Feb 14, 2017 3:56 pm

I'm having trouble finding intestacy laws for Wills for a UBE testing state. I think I've pulled this (below) correctly from the Guide to Bullshitting the essays. For those taking the UBE, is this generally what you're going with?:

Common Law Property State
=>SS takes 1/2 property acquired during marriage (whether SS is in will or not). The only stuff they don't get is stuff decedent inherited w/o spouse's name on it/gifts in decedent's name).

*Not sure what to do here if no SS...anymore help here would be appreciated*

Equitable Distribution/Uniform Probate Code States:
=>If SS unhappy with will/Will share, can elect intestacy share.
=>UPC intestacy is:
-SS & decedent share all same kids and decedent has no surviving parents=SS gets everything
-If decedent has no descendants, but has surviving parent=SS takes 300k +75% of estate remainder/rest to everyone else by intestacy rules
-If only issue of decedent is also SS' issue, but SS has other kids (ex: previous marriage)=SS takes 225k+50% of remaining estate and rest divided through intestacy rules
-If decedent has issue not related to SS (ex: kids from previous marriage)=SS only takes $150k+50% of remaining estate. Rest through intestacy.

For the rest of intestacy issues, should I assume (3 different possibilities) depending on state

a.) Per Stirpes: How many living issue does decedent have right now? They get a share. Also, any pre-deceased issue who have issue of their own, get a share, split amongst their own issue.

b.) Per Capita with representation. Skip decedent issue’s line if decedent has no living issue, and go down lineal chain until generation w/living people. Treat that generation as direct issue w/no children/grandchildren/greatgrandchildren between them. Apply normal per stirpes at that point.

c.) Per Capita at each generation. First, like with representation, skip down to the generation w/at least one surviving member. Then give shares to those still alive. If any dead people at that generation have issue, pool all the dead peoples’ shares, and split it amongst all issue of predeceased people.

If I have no surviving spouse or issue whatsoever:
-Check if decedent has brothers, sisters, or cousins. If so, the “parentelic” approach finds nearest collateral line until it finds someone. "Degree of relationship” approach just counts the number of relatives in any direction and chooses the closest person.
-UPC approach: If decedent has no spouse or issue, it goes up to decedent's parents. If parent(s) alive, parent takes. If parents dead, go to parent children/grandchildren. It goes to them in lineal order. If parents have no other issue, to grandparents. If grandparents have no issue, escheat to state.

Impishee

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Re: For UBE, how are you approaching Wills Intestacy?

Postby Impishee » Thu Feb 16, 2017 9:36 am

Bump

rkrawchu

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Re: For UBE, how are you approaching Wills Intestacy?

Postby rkrawchu » Thu Feb 16, 2017 11:28 am

For community property states, you're right spouse gets one-half of the community but she also will get the decedent's one-half too (unless he gives it to someone else in his will). If no surviving spouse in the community property state, goes down to issue by representation which in other words is per capita at each generation (if following UPC approach), then if no issue--->to parents, if no parents--->to issue of parents, and if no issue of parents---> to grandparents, if no grandparents--->escheats.

I think you have a pretty good understanding of it. I'm probably just going to go with the UPC approach if given a wild intestacy question. By representation (per capita at each generation) is what we follow in my state and also the UPC. I'm sure you could discuss all the approaches or just one.

Impishee

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Re: For UBE, how are you approaching Wills Intestacy?

Postby Impishee » Thu Feb 16, 2017 4:32 pm

Thanks! As long as it doesn't seem totally out of left field for UBE, I think I'm going to apply it at this point.



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