Trusts and Estates

The UPC gives the surviving spouse 100 percent of the decedent's property, evening if the deceased spouse has surviving issue if 1) surviving spouse is parent of surviving issue, 2) surviving spouse has no other issue.

If the deceased spouse has surviving issue and either 1) some are also issue of surviving spouse 2) all are issue of surviving spouse but surviving spouse has issue of his who were not issue of predeceased spouse.

Where surviving spouse has issue of his own the spouse takes 150,000 plus 50 percent of predeceased spouses property. remaining 50 is split up.

Divide equally across the board where this is a live taker. Give a share to a party that is dead but survived by issue. drops via blood line.

First division is made at the first generation of descendants, alive or dead! Then shares drop via blood line.

Make first division of the property at first generation of live taker and then drop shares by pooling and dividing equally. make sure to mult the denominator.

If that person is disinherited, consider him predeceased. the issue take by representation unless they have been disinherited as well.

The property flows up to the ancestors and collateral relatives. the closer you are in degrees, then you take. Half bloods are considered full blooded relation.

To qualify as issue, a party must establish parent-child relationship. A child can inherit from a parent if the parent dies intestate and a parent can inherit from a child if he dies intestate. A child can inherit through his parents if they die.

A wife giving birth to a child 280 days after a husbands death raises a rebuttable presumption. After? burden falls on child to prove. Adopting parents step into shoes of natural parents. Adopted can no longer inherit from n.p. Stepparents= Adopted child can inherit from both sets of parents, however NP cannot inherit from child.

Where the person fails to fulfill legal reqs- 1) agreement 2) fully giving up child 3) child moves in 4) a.p. raise kid 5) where adoptive parent dies intestate.

Woodward case- may enjoy rights of issue if the mother demonstrates 1) genetic relationship with father 2) that the father prior to death affirmatively consented to a child being born. In Re Martin- post humously born child is treated as issue for benefits.

Should these gifts count against probate estate share? under modern approach, no they do not unless there is a writing indicating that the donor intended the gift to constitute an advancement.

When a decendent dies and benefits are transferred to a minor...four options 1) Guardianship-have to go to ct and get authorization to deal with property. 2) custodian- has discretionary power to use property for benefit of minor/w/o ct approval. good for small gifts 3) trusts-if gift is large

Homicide- if intentional/felonious. In re estate of mahoney- also man 1, man 2 does not bar, nor self defense, assisted suicides.