What expenses will Spouse always get?
(HEF)
- Homestead allowance of $15,000
- Exempt Personal Property of $10,000, and
- Reasonable family allowance of $18,000
Note: Spouse will always get HEF whether taking under the will, intestacy, or elective share
When can minor children or dependent adult children get HEF?
If the decedent is not survived by a spouse
Spouse is alive and so are common children
Spouse will take first $150,000 + half of the remainder of the estate + HEF
Remainder of the estate will go to decedent’s Descendents by representation
Spouse is alive but has no children in common with the testator
Spouse will take first $100,000 + half of the remainder of the estate + HEF
Remainder of estate will go to the decedent’s descendants by representation
Spouse and Parents are alive but decedent has no descendants
Spouse will get first $150,000 + 75% of the remainder of the estate + HEF
The remainder of the estate passes to the decedent’s parents or surviving parent
Decedent leaves a spouse but no parents or decedents
Surviving spouse gets everything
Decedent dies without a spouse but with decedents
Estate passes to the decedent’s by representation
Who are specifically excluded from the definition of children?
- A foster child
- A stepchild - even if the testator views the stepchild as a child
- Daughter/Son-in-law
Who are included in the definition of children?
- An unborn baby
- adopted children
- child born out of wedlock
Adoption by Estoppel
Under the equitable doctrine, a child is entitled to inherit as if they were adopted when a parent promises to adopt the child but does not
Decedent dies without a spouse and without Descendents, but with parents
The estate will go to their parents equally if both survive or to the surviving parent
Decedent dies without a spouse, without descendants, and without parents who qualify
- The descendants of the decedents’s parents or either of them by representation will take
- Basically, the testator’s siblings will take and if the siblings are deceased, their descendants will take
- Applies to half blood and whole blood siblings
If there are no surviving parents or descendants of parents, half will go to paternal grandparents equally if both survive or to the survivor in whole or the descendants of the grandparents, who will take by representation
Dividing estate per capita with representation
- Find the first generation where there is an issue alive
- Give one share to each living issue at this generation
- Shares that would have gone to issues that predeceased decedent drop down to next generation
- Distribute remaining shares equally amongst the next generational level
