Life Estate Per Capita with Representation Domicile
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COLLIN COLLEGE LGLA 1353 (Chap 1-4 ) INTESTACY
PART I : TERMS
Life Estate Per capita with representation Domicile
Real property Descent and distribution Escheat
Consanguinity Collaterals
Per capita Per stirpes
Advancement Common law property Heir
Disclaimer Per capita by generation Personal property
Moiety Community property Parentelic
MATCH THE FOLLOWNG DEFINITIONS TO THE TERMS.
______A person entitled to take property under the laws of .descent and distribution
______Persons who are related, but not in a lineal line, such as siblings, aunt/nephew, or cousins
______When property of an intestate passes to the state government
______Each spouse owns ½ of other spouse’s income and property acquired with that income
______Laws governing the passage of property when a decedent dies without a valid will ______Movable things or intangible things that can be owned
______Land, things growing on land, and structure attached to the land
______A gift made during life, but intended as an early distribution of donee’s share of the donor’s estate
______A permanent home to which a person intends to return even when living elsewhere k.____ intestate shares are divided between paternal and maternal ancestors and/or collaterals
1 ______Renunciation of an interest in decedent’s property
______A portion of the whole (usually ½)
______Each spouse owns his/her own entire income and the property purchased with it
______An estate in property lasting for the life of a designated person
______Sharing a blood, or biological, relationship
______Method of distribution in which distributees in each subsequent generation take equal shares following an initial division at the generation closest to decedent with living members
______Method of distribution in which distributees take shares by right of representation at the generation closest to decedent that has living members
______Method of distribution in which distributees takes shares by right of representation through the generation closest to the decedent
______Method of distribution in which all distributees receive an equal share
PART II. SHORT ANSWER:
1. Which of the following is NOT TRUE with respect to inheritance rights between an adopted child and his/her parents (CHECK ANY ORALL THAT APPLY)?
_____ An adopted child may always inherit through biological parents
_____ An adopted child may inherit through adoptive parents, but not from collateral relatives of the adoptive parents.
_____ Adoptive parents may always inherit through a child who was adopted while a minor.
_____ An adopted child may inherit from his adoptive parents and all relatives, except in some States which do not always permit inheritance by a child adopted during adulthood
2. A disclaimer that satisfies tax code requirements to avoid making a taxable gift is
called a ______disclaimer.
2 3. Distribution of personal property is controlled by the law of the state where decedent’s
______is located.
4. Descent of real property is governed by the law of the state where decedent’s
______is located.
5. A laughing heir is a person who:
_____ Is a member of collateral line that is remotely related to an intestate
_____ Receives an advancement that turns out to be larger than the intestate share he/she would have been entitled to without the advancement
_____ Takes under intestacy when a decedent’s will turns out to be invalid
_____ Receives a larger proportionate share of the estate when the per capita by generation distribution method is used, rather than the pure per stirpes distribution method
6. A half-blood relative shares what connection to the intestate ?
______
7. Under the per capita with representation method of distribution, which is the “root” generation?
_____ The closest generation to the intestate decedent which has either a surviving member or a deceased member who has living descendants.
_____ The generation closest to the intestate decedent
_____ The generation having a living member in the closest degree of relationship to intestate
_____ The closest generation to the intestate decedent which has a surviving member
8. A posthumous heir of an intestate can always inherit from his ______,
but cannot always inherit from his ______relations.
3 9. Under the pure per stirpes distribution method, intestate shares are always determined by starting at the generation, which is:
______.
10. All living distributees in a given generation receive equal shares of an intestate decedent’s property when which of the following methods is used (CHECK ALL THAT APPLY)?
_____ per capita
_____ per capita with representation
_____ per capita at each generation
_____ per stirpes
With thanks to Professor Catherine Tolliver for use of materials.
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