Five Juicy questions where the heck does property go upon death of decedent?

FIRST QUESTION = What does the surviving spouse (SS) get?

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FIRST QUESTION = What does the surviving spouse (SS) get?

Marriage Recognition – need to be married (or equivalent) to get surviving spouse intestate share
1. UT – recognizes common law marriage (need to satisfy several tests)
  1. NOTE: make HOTCHPOT adjustments for NPT given to SS (RT, BFY designation, JT, etc.)
2. CA – DOES NOT recognize CL marriage BUT DOES recognize registered domestic partners

Utah (§ 2-102)			California (§ 6401)
Situation – D dies with	SS Share	Prop.Type		Situation – D leaves	SS Share
NO living descendants OR all living descendants are also SS’s descendants	Entire intestate estate (all property that passes through rules of intestacy)	CP			ALL the CP (keeps her ½ and receives D’s ½)
Living descendants are NOT also SS’s descendants	$75K off the top + ½ of any balance that passes through rules of intestacy	SP		NO issue, parents, OR issue of parents (e.g., siblings, issue of deceased siblings)	ALL D’s SP
NOTE: SS Share = function of whether D had issue who are not SS’s issue	NOTE: property subject to rules of intestate distribution = property titled/held in D’s name FLAW in stat: SS might get probate transfer			Issue through more than one line (NOTE: doesn’t matter if living issue is also issue of SS  different than UT) D leaves more than 1 child; OR D leaves 1 child AND issue of 1 or more deceased children; OR D leaves issue of 2 or more deceased children	1/3 D’s SP
HOTCHPOT (§ 2-102(2), § 2-109) for non-probate transfers (retirement/life insurance) Calculate probate estate Add NPT (non-probate transfers) received to create hypo Hotchpot est Calculate SS’s intestate share of Hotchpot estate Deduct NPT (this is SS’s share of intestate estate)	Hotchpot Example: Probate Estate = $325K Retirement Plan =$50K Hotchpot Estate=$375K SS Share Hotchpot ($75K+ ½ bal) = $225K SS Share –NPT=$175K NOTE: SS keeps NPT but it is deducted from total amount of intestate share  SS still ends up with $225K NOTE: Only add in NPTs given to SS (or heir you’re calculating for)
				All other situations (NOTE: does not matter if living issue is also issue of SS  different than UT) D leaves only 1 child OR issue of 1 deceased child; OR D leaves NO issue but leaves parent(s) or issue of parent(s)	½ D’s SP

Second Question = How much do other intestate heirs get?
1. Familial Relationships
  1. Half-Blood Relatives – treated like whole-blood relatives under intestacy rules – CAN INHERIT
    1. UT – § 2-107
    2. CA – § 6406
  2. Step/Foster Relationships – generally DO NOT count for intestate succession – CANNOT INHERIT
    1. UT – § 1-201(5)
    2. CA – § 6454
      1. General Rule = does not count
      2. CA Exception = step/foster child can take in intestacy if
        
        Relationship began before child turned 18
        
        Relationship continued throughout joint lifetimes, AND
        
        Legal impediment – need clear and convincing evidence that there would have been an adoption but a legal impediment (e.g., natural parent would not give consent) prevented it
  3. Adoption – treated like whole-blood relatives under intestacy rules – CAN INHERIT
    1. Infant adoption – inheritance occurs by and through adoptive parents ONLY
      1. Biological relationship is severed  adoptive relationship is what counts
    2. Adoption at older age – inheritance can occur through both adoptive AND biological parents
      1. Biological relationship not severed AND adoptive relationship still counts
  4. Posthumous Children – treated as child – CAN INHERIT
    1. UT – § 2-104 – child (conceived before death) can inherit but MUST live for 120 hours total (5 days)
    2. CA – § 6407 – child (conceived before death) can inherit (no 120 hour limitation)

Directory: sites -> www.phideltaphi.org -> resource -> collection -> EA88E61A-F827-4590-985B-EC1F412EAE4E
sites -> Glossary for Chapter 1 Algorithm
sites -> North Carolina Inclusion Initiative Mapping Where Children with ieps are Being Served Purpose
sites -> Northern England’s set-jetting locations
sites -> Physical custody of 1033 program property accountibility form statement of Physical Custody: By signing for the below 1033 property I am a Law Enforcement Officer of the aforementioned Law Enforcement Agency
sites -> Nstructions for Acquiring Excess Equipment online, through the 1033 Program
sites -> Memorandum of agreement
EA88E61A-F827-4590-985B-EC1F412EAE4E -> Jurisdiction over the Parties or Their Property (jop)

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Five Juicy questions where the heck does property go upon death of decedent?

FIRST QUESTION = What does the surviving spouse (SS) get?

FIRST QUESTION = What does the surviving spouse (SS) get?

Marriage Recognition – need to be married (or equivalent) to get surviving spouse intestate share

UT – recognizes common law marriage (need to satisfy several tests)

NOTE: make HOTCHPOT adjustments for NPT given to SS (RT, BFY designation, JT, etc.)

CA – DOES NOT recognize CL marriage BUT DOES recognize registered domestic partners

Second Question = How much do other intestate heirs get?

Familial Relationships

Half-Blood Relatives – treated like whole-blood relatives under intestacy rules – CAN INHERIT

UT – § 2-107

CA – § 6406

Step/Foster Relationships – generally DO NOT count for intestate succession – CANNOT INHERIT

UT – § 1-201(5)

CA – § 6454

General Rule = does not count

CA Exception = step/foster child can take in intestacy if

Adoption – treated like whole-blood relatives under intestacy rules – CAN INHERIT

Infant adoption – inheritance occurs by and through adoptive parents ONLY

Biological relationship is severed  adoptive relationship is what counts

Adoption at older age – inheritance can occur through both adoptive AND biological parents

Biological relationship not severed AND adoptive relationship still counts

Posthumous Children – treated as child – CAN INHERIT

UT – § 2-104 – child (conceived before death) can inherit but MUST live for 120 hours total (5 days)

CA – § 6407 – child (conceived before death) can inherit (no 120 hour limitation)