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Sample Intestacy Problems
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James and Taylor have been married for one
year and eight months when James dies very suddenly in an accident.
The couple never created wills and all of the property James owned
prior to their marriage is still titled in just his name. This
was the first marriage for each of them and neither had any children
prior to this marriage. (Which doesn't fit too well with the
length of the example marriage and the example scenarios with
children and grandchildren below. The brevity of the marriage
controls the surviving spouse's share in some instances and is used
to make the examples more interesting.)
James' intestate estate has a total value
of $3,000,000 of which $250,000 is real estate and $100,000 derived
from an oil lease that James entered prior to marriage. (Hint:
The total estate value is always $3,000,000)
For each of the following scenarios, the
state listed is that of James' permanent residence at the time of his
death, as well as the location of all his intestate property.
Begin by reading the intestate laws
and independently determining each heir's share of every type of
property. When you have the distribution, view the brief answer
to compare with your result and then open that state's
Intestacy
Calculator™ to
see how quickly this information is calculated. (To simplify
these examples, the nearest living relations are listed and do not
need to be independently determined.) |
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| James is survived by Taylor and two children: |
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California:
Read the law |
View the answer
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Open the
Intestacy Calculator™ |
| Taylor and each child receive $1,000,000. |
| Missouri:
Read the law |
View the
answer |
Open the Intestacy Calculator™ |
| Taylor receives $1,510,000 and each child receives
$745,000. |
| Vermont:
Read the law |
View the
answer |
Open the Intestacy Calculator™ |
| Taylor and each child receive $83,333.33 of the real
estate and $916,666.67 of the remainder. |
| Arkansas:
Read the law |
View the
answer |
Open the Intestacy Calculator™ |
| Taylor receives $33,333.33 of the
income derived from the oil lease, a life-estate in
$83,333.33 of the real estate, and $883,333.33 of the
remainder. Each child receives $33,333.33 of the income
derived from the oil lease, $83,333.33 of the real
estate, and $883,333.33 of the remainder. |
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| James is survived by Taylor and two
grandchildren by one deceased child: |
| California:
Read the law |
View the answer
|
Open the
Intestacy Calculator™ |
| Taylor receives $1,500,000 and each
grandchild receives $750,000. |
| Missouri:
Read the law |
View the
answer |
Open the Intestacy Calculator™ |
| Taylor receives $1,510,000 and each
grandchild receives $745,000. |
| Vermont:
Read the law |
View the
answer |
Open the Intestacy Calculator™ |
| Taylor and each child receive
$83,333.33 of the real estate and $916,666.67 of the
remainder. |
| Arkansas:
Read the law |
View the
answer |
Open the Intestacy Calculator™ |
| Taylor receives $125,000 of the real
estate and $1,375,000 of the remainder. Each grandchild
receives $62,500 of the real estate and $687,500 of the
remainder. |
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| James is survived by Taylor, two
paternal grandparents, and three first cousins by two
deceased maternal aunts: |
| California:
Read the law |
View the answer
|
Open the
Intestacy Calculator™ |
| Taylor receives the entire
$3,000,000. |
| Missouri:
Read the law |
View the
answer |
Open the Intestacy Calculator™ |
| Taylor receives the entire
$3,000,000. |
| Vermont:
Read the law |
View the
answer |
Open the Intestacy Calculator™ |
| Taylor receives $1,512,500 and each
grandparent receives $743,750. The first cousins do not
receive a share. |
| Arkansas:
Read the law |
View the
answer |
Open the Intestacy Calculator™ |
| Taylor receives $125,000 of the real
estate and $1,375,000 of the remainder. Each
grandparent receives $31,250 of the real estate and
$343,750 of the remainder. Each first cousin receives
$229,166.67 of the real estate and $20,833.33 of the
remainder. |
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