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Explanation of Intestacy

Determine the proper intestate distribution for the property of the following clients assuming they were to die today survived by the indicated individuals. Assume that married clients have both separate and community property. Also assume that each client owns both real and personal property. Your answers may be in fractions (reduced to simplest form) or percentages (rounded to nearest percentage point). When answering these questions, ignore other rights the surviving spouse or children may have such as homestead, exempt personal property, and family allowances. Briefly explain the reasons behind your suggested disposition.
1. Client is married to Husband. Neither Client nor Husband have children. Client's Mother, Father, and Brother living.
2. Client is married to Husband and they have two children, Arthur and Brenda. Neither Client nor Husband have children by other partners.
3. Client is married to Husband and they have two children, Arthur and Brenda. Client has a son, Paul, by a prior partner. Husband does not have a child by another partner.
4. Client is married to Husband and they have four children, Arthur, Brenda, Charles, and Dawn. Neither Client nor Husband have children by other partners. Arthur has already died survived by one child, Randy. Brenda has already died survived by two children, Sam and Teresa.
5. Client is unmarried and childless. Mother is still alive but Father has already died. Mother and Father had two other children, Sister One and Sister Two. Father also had a child, Harold, from a prior relationship.

Solution Preview

Hello. Let me first state that Intestate laws vary by state. Therefore, the information that I provide may not be accurate in the state that you reside. I provide the following information which I hope is able to assist you.

All information is derived from the following source:

http://www.wolfbaldwin.com/attorneys_lawyers/articles.asp?ArticleID=34&Page=pa_intestate_no_will_intestacy_estate_Pennsylvania.asp

1. No surviving children. If the decedent was survived by his or her spouse and had no surviving children or parents, the surviving spouse receives the decedent's entire estate. However, if the decedent was survived by his or her spouse and one or both parents, but had no surviving children, the surviving spouse would be entitled to the first $30,000.00 of the estate, plus one-half of the remaining estate, if any. The decedent's parents' share is dependent on other factors discussed below.

THEN:

Parents. If no children survive the decedent, the decedent's parents share the estate equally; if only one parent survives, the surviving parent takes the entire estate. Recall that, if the decedent was survived by a spouse, the spouse will take the ...

Solution Summary

This solution is comprised of intestate distribution issues.

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