PDF-INTESTACY INTESTACY

SPOUSE SPOUSE SPOUSE SPOUSE SPOUSE SPOUSE 150000 Plus half residue 150000 Plus half residue 150000 Plus half residue issue issue issue U U U n n n c c c l l l e e e s s s a a a u u u n. Guardians Let’s talk about Intestacy are said to have died intestate. Our Vision and Mission To be Queensland’s best provider of trustee and administration services. To deliver a full range of pr Ancestral Property. Does source of property impact identity of heirs?. Advancements. Basic Idea. Prepayment of inheritance.. Thus, must account for it when intestate dies.. How prove gift is advancement? . Intestacy Analytical Framework. 1. What law applies?. Personal property = intestate’s domicile at death. Real property = situs of real property. Intestacy Analytical Framework. 2. Do particular facts raise issues effecting determination of heirs or disposition?. Escheat – Prop. Code § 71.001. Only if . no. heirs.. Note that many states stop looking at a designated generation.. Intestacy Presumption – Prop. Code § 71.003. Person dead for 7 years and no will probated.. Escheat – Prop. Code § 71.001. Only if . no. heirs.. Note that many states stop looking at a designated generation.. Intestacy Presumption – Prop. Code § 71.003. Person dead for 7 years and no will probated.. Amy A. Mortimore. Clark Wilson LLP. January 2014. ROADMAP. WESA . Snapshot. Definitions & Presumptions. Wills. Benefit Plans. Intestacy . Wills . Variation . 2. WESA SNAPSHOT. Comes into force March 31, 2014. Sale. Gift. Estate (Die). Combination of two or three. There are differences in tax implications. Basis Example. . Current . Land Value $4,500 / acre. . Purchase . Price. . $. 1,000 $4,500 $. Escheat – Prop. Code § 71.001. Only if . no. heirs.. Note that many states stop looking at a designated generation.. Intestacy Presumption – Prop. Code § 71.003. Person dead for 7 years and no will probated.. When does intestacy occur?. 1. As to person – total intestacy. When does intestacy occur?. 1. As to person – total intestacy. 2. As to property – partial intestacy. Failure to Execute a Will. 1. Agenda. Review of intestate succession. Sample intestacy questions. Review of wills. Break. Door prizes. Practice questions. Open Q & A. , time permitting. 2. Intestacy Analytical Framework. 1. What law applies?. 1. What law applies?. Personal property = intestate’s domicile at death. Real property = situs of real property. Intestacy Analytical Framework. 2. Do particular facts raise issues effecting determination of heirs or disposition?. 2. Testator executed valid Will 2 which expressly revoked Will 1.. 3. Testator validly revokes Will 2 but does not execute a new will.. 4. What result?. Approaches. 1. Revival. Will 1 takes effect.. 1. As to person – total intestacy. When does intestacy occur?. 1. As to person – total intestacy. 2. As to property – partial intestacy. Protection of Surviving Spouse. at Common Law. Problem at common law = spouse not an heir.