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Wills and Trusts
University of California, Hastings School of Law
Zamperini, Michael A.

Wills and Trusts Zamperini Fall 2016
 
Checklist → Intestate Succession
(1) Community Property (or UPC) State?
(1) Community Property State
(2) Other States
(3) Moving Between States?
(1)  SP State → CP State?
(1) Quasi-Community Property Defined
Personal property acquired by X while living elsewhere that would have been CP if couple lived in CA
(2) Rights to Quasi-Community Property
SS entitled to X’s 1/2 share
(3) Spouse’s Right to Recover Quasi-Community Property
(2) CP State → SP State?
(2) Valid Will?
(1) Testator Execute a Will?
(1) Will Definition
Includes codicil and any testamentary instrument which appoints executor or revokes/revises another will
(3) Property → Disposable by Will?
(1) 1/2 of Community Property
Property acquired during marriage while domiciled in CA
(2) 1/2 of Quasi-Community Property
Typically property acquired elsewhere that would have been CP if living in CA
(3) All Separate Property
Property acquired before the marriage, by gift, or by inheritance.
(4) Property → Subject to Intestacy?
Any part of estate not disposed of by will passes to heirs as prescribed by intestate succession
(1) Portion of Estate Not Disposed of by Will → Intestate Succession
(5) Surviving Spouse?
Requires valid marriage ceremony
(1) X = SS, If:
(1) Domestic Partnership
(2) Married at X’s Death
(2) X ≠ SS, If:
(1) Simultaneous Death (More Info)
If Heir ≠ Survive X by 120 Hours
(1) 120-Hour Survival Requirement for Intestate Succession
(1) To Determine Whether Person Survived Another
For §§ 103 [husband/wife] and 234 [proceedings to determine survival] (2) Gift Conditioned on Survival of Another
(3) Joint Tenants
(4) Life Insurance
(2) Cohabitants
(3) Marriage dissolved/annulled
(4) Marital property rights terminated
Share→ Surviving Spouse
(1) Community Property
1/2 of CP belongs to SS and other 1/2 belongs to X
(2) Quasi-Community Property
1/2 belongs to SS and other 1/2 belongs to X
(3) Intestate Share of SS
Start with § 6401
(1) Community Property
SS takes the 1/2 share of CP belonging to X under § 100
(2) Quasi-Community Property
SS takes the 1/2 of Quasi-CP belonging to X under § 101
(3) Separate Property
(1) Entire Estate
Only if no issue, parents, siblings, or issue of siblings still living
(2) 1/2 of Estate
(1) X Leaves 1 Child
(2) X Leaves Parent(s)
Or Issue of parents
(3) 1/3 of Estate
(1) X Leaves 2+ Children
(2) X Leaves 1 Child & Issue of 1+ Deceased Children
(3) X Leaves Issue of 2+ Deceased Children
(7) Descendants/Collaterals?
Go through table of consanguinity to find heirs
Descendants & Collaterals
Issue
Lineal descendants of all generations, w/ relationship of parent & child at each generation being determined by definitions of child and parent
Halfbloods
Inherit Same as Whole Blood
Heir Hunters & Other Transferees
(2) Transfers to Children
(1) Does Parent/Child Relationship Exist?
Relationship of Parent & Child Exists Between:
Natural Parents & Person
Regardless of marital status
Adopting Parents & Person
Natural Parent?
Natural Mom = Gives Birth to Child
Natural Dad =-
child into home & openly holds out as his own
born during marriage to natural mom
Order Entered Declaring Paternity
During father’s lifetime
Established by Clear & Convincing Evidence that Father Openly Held Out Child as His

gned by X)
Designated to control use of genetic material
Shares → Descendants/Collaterals
(1) If X ≠ SS → Start with § 6402
To determine shares of heirs
(2) Who Takes?
(1) To Issue of X
Issue = All lineal descendants of all generations, with parent/child at each generation being determined by definitions of child & parent
(2) X ≠ Issue → To Parents
(3) X ≠ Parents → To Issue of Parent(s)
(4) X ≠ Issue of Parent → To Grandparents (or Issue of Grandparents)
(5) X ≠ Grandparents (or Issue) → To Issue of Predeceased Spouse
(6) X ≠ Issue of Predeceased Spouse → To Next of Kin
(7) X ≠ Next of Kin → To Parents of Predeceased Spouse (Or Issue of Parents of Predeceased Spouse)
Halfbloods
Inherit same share as if whole blood
(3) Unequal Degrees of Kinship?
Process for Distribution
(1) Lineal & Collateral Kinship (Calculating Degree)
(1) Calculating Degree
Count number of generations separating those persons; Each Generation = Degree
(2) Lineal Kinship/Consanguinity
Relationship between persons, one of whom is direct descendant of the other
Example
1st – Parent/Child; 2nd – Grandchild/Grandparent; 3rd – Great-Grandchild/Great-grandparent
(3) Collateral Kinship/Consanguinity
Relationship between persons whom spring from a common ancestor, but neither is the direct descendant of the other
Example
2nd – Siblings; 3rd – Aunt