Disposition @ Death

1. Types of Prop. @ Death
   1. Nonprobate Prop.
      1. Nongovt'al sys. 2 transf. prop. w/o using atty's
      2. Ex. of K, ins., trust, etc.
   2. Probate Prop.
      1. Prop. that decedent owned @ death w/o anybody else having claim 2 it
      2. Disposed by
         1. Will
         2. Intestate succession stt's
2. Nec. Papers 4 All
   1. Disposing Prop. @ Death
   2. Somebody 2 Manage Prop. While Alive
   3. Somebody 2 Deal W/Quest. of Health

Intestate Succession Stt's

1. Sit's Where Probate Prop. Exists But
   1. No Will
   2. Will Is
      1. Partially ineffective
      2. Totally ineffective
   3. Will Dir's 2 Intestate Succession Stt
2. Hierarchy
   1. Inner Circle § 6402)a-e, g
      1. Pref'ed status in order
         1. SS
         2. Issue
         3. Parents
         4. Sibs
         5. Nieces & nephews
         6. Grandparents
         7. Issue of grandparents
         8. Issue of predeceased spouse
      2. More pref'ed status cut off people in lwr status
      3. Ancestors cut off descendent
   2. Outer Circle Relatives § 6404
      1. In CA, estate 2 next of kin / outer circle if no inner circle
      2. Next of kin of = degree can claim § 6402)f
         1. Next of kin R those w/nearest degree of consanguinity
         2. Count up 2 common ancestor & down 2 claimants
         3. Elim. those who claim through more remote ancestor
         4. If dif. ancestor but = degree, claimant w/nearest ancestor pref'ed
   3. Escheat as Last Stop
      1. If no will, inner circle, / outer circle, then prop. 2 former in-laws § 6402)g
      2. If no in-laws, then escheat 2 state § 6404
3. Div. of Prop.
   1. Surviving Spouse (SS) Gets All Comm. Prop.
      1. SS already has 1/2 of comm. prop. PC § 100
      2. SS then gets other 1/2 of comm. prop. @ decedent's death § 6401)a
   2. Sep. Prop. Div'ed Btwn SS & Ch.
      1. Half 2 SS & 1/2 2 ch. if there's 1 ch. § 6401)c)2)A
      2. SS gets 1/3 if more than 1 ch. § 6401)c)3)A
      3. Issues / ch. take ='ly § 6402)a
   3. If No SS / Ch
      1. Go through hierarchy § 6402)b
   4. Dist. of Prop. When No SS / Ch
      1. Det. # of shares & how 2 pass out
      2. Give 2 issues of grandparents ='ly if all = degree § 6402)d
      3. If un= degree, prop. div'ed into as many = shares 4 nearest living generation & 4 each dead member who left living issue § 240
      4. In CA, basic shares as if mom & dad's families were 1 big family
      5. In UPC, div. prop. by 1/2 4 mom & dad's side 2 div. shares
4. Status
   1. Adoption
      1. Trad. basic rule 4 compl. assimilation but not in CA
      2. Changed modernly b/c of complex equit. rule
      3. Inherit same shares as if whole blood § 6406
   2. Nonmarital Ch.
      1. May inherit intestacy from mom, dad, / their families
      2. After death, rt. 2 demand disappears
   3. Half Blood Relatives
      1. If no surviving issue / parent, issue of parents take ='ly § 6402)c
      2. Half bloods inherit same share as if were whole blood § 6406
   4. After Born Heirs
      1. Ch can B in womb & take same share as if were born § 6401)c)a
   5. Relatives by Marriage
      1. Gen'ly not inherit intestacy except 4 SS & former in laws
   6. Survivorship
      1. Have 2 survive decedent 2 get prop.
      2. If die simultaneously, claimant presumed 2 have died 1st
   7. Homestead Exemption
      1. Gen'ly SS's rt. 2 occupy family home
      2. Exemption / family allowance is probate's pwr 2 set aside $ 2 survivors
      3. Severely limited
5. Spec. Sit.
   1. Transf. of Prop. 2 Expectant Heir While Alive
      1. Loan
         1. Must B paid back 2 the decedent's estate
      2. Gift
      3. Advancement against donee's intestate sh.
         1. Assume no advancement unless intent exp'ed in contemp. writing / donee acknowledges it in writing § 6409
         2. Other states consid. transfers as advancement
         3. Advances acct'ed 4 in hotchpot 2 calc. intestate sh.
   2. Assignments
      1. Expectancy
         1. Not recog. @ law gen'ly b/c expectancy not prop. int.
         2. Could use equity pwr. 2 create prop. rt's by ct 2 recog. it
      2. Int. in Estate Vested by Death of Source
         1. Equit. prop. int. & meaningful transf.
         2. Expectancy becomes prop. int. @ death so ez 2 give away
   3. Renunciation / Disclaimer
      1. Renounce sh. 2 avoid creditors / reach tax gain
      2. Can renounce only part
   4. Murder
      1. Claimants killing source of prop. can't keep prop. even if legally have 2
      2. Prop. taken away by constructive trust
   5. Alien
      1. Alien heir s.t. can't get it

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Ms. Haeji Hong

December 17, 1997