Subsidiary Problems Common to Intestacy and Wills Flashcards Preview

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Flashcards in Subsidiary Problems Common to Intestacy and Wills Deck (4)
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1

USDA-Uniform Simultaneous Death Act

When disposition of property depends on the order of death and order cannot be established, the property of each decedent is disposed of as if he had survived the other.
*only applies if no sufficient evidence of survival

2

Revised USDA-120 Hour Rule

Many states and UPC require that a person survive the decedent by 120 hours in order to take any distribution of the decedent's property.

3

decedent's death caused by heir or beneficiary

-In nearly all states, one who feloniously and intentionally brings about the death of a decedent forfeits any interest in the decedent's estate.
-Property passes as though killer predeceased the victim
-Conviction of murder is conclusive evidence; if no conviction, the court must find killing was unlawful or intentional by a preponderance of the evidence

4

advancement of intestate share

-An advancement is a lifetime gift to an heir with the intent that the gift be applied against any share the heir inherits from the donor's estate.
-Lifetime gift is presumptively not an advancement unless shown to be intended as such.
-UPC: Advancement only if it is: (i) declared as such in a contemporaneous writing by the donor, or (ii) acknowledged as such in a writing by the heir.
-If advancement, gift's value when given added back into the estate for purposes of calculating shares, and then subtracted from the recipient's share