SWERS | COMPREHENSIVE STUDY GUIDE|A+ STUDY RESOURCE |
If one does not have a will, how is property distributed? -
ANSWER
intestate succession
How is property distributed under interstate succession? -
ANSWER
if the decent...
has a spouse and issue: $50k and 1/2 of the residue to spouse and remainder to issue by
representation
if spouse only: whole to spouse
if issue, but no spouse: the whole to issue by representation
if parents, no spouse or issue: whole to parents
no spouse, issue or parent: whole to issue of parents
if grands and their issue: 1/2 goes to paternal grands or their issue and the other 1/2 goes to
maternal grands
what disqualifies a parent from inheritance? -
ANSWER
1
, if the parent fails to support the child or abandons the child while the child is under age 21
regardless of whether the child dies before the age fo 21, but the parent may prequalify if
they resume the parental relationship and its duties
what disqualifies a spouse from inheritance? -
ANSWER
if, among other things, the marriage was void under the DR Law, parties were legally sepa-
rated or divorced under final decree, or the surviving spouse has abandoned or refused to
support the deceased spouse and such endowment or refusal to support continues through
the time of death
when can non-martial children inherit from their birth father? -
ANSWER
only if paternity is established by one of the following:
order of filiation declaring the person to be the child's father,
mom and dad acknowledge paternity under the Public Health Law,
dad files a witnessed and acknowledged affidavit of paternity with the Putative Father Regis-
try, or
Paternity is established by clear and convincing evidence, which may include a DNA test, or if
the dad openly and notoriously acknowledge the child as his own
if an issue is conceived after death of decedent, what are the requirements for that child to
inherit? -
ANSWER
the child may be included in any disposition to a class described as issue or any other therm
included in will, trust, or other instrument created by the parent if the decedent created a
written instrument within 7 years of death that gives consent for the use of his or her ge-
2
If one does not have a will, how is property distributed? -
ANSWER
intestate succession
How is property distributed under interstate succession? -
ANSWER
if the decent...
has a spouse and issue: $50k and 1/2 of the residue to spouse and remainder to issue by
representation
if spouse only: whole to spouse
if issue, but no spouse: the whole to issue by representation
if parents, no spouse or issue: whole to parents
no spouse, issue or parent: whole to issue of parents
if grands and their issue: 1/2 goes to paternal grands or their issue and the other 1/2 goes to
maternal grands
what disqualifies a parent from inheritance? -
ANSWER
1
, if the parent fails to support the child or abandons the child while the child is under age 21
regardless of whether the child dies before the age fo 21, but the parent may prequalify if
they resume the parental relationship and its duties
what disqualifies a spouse from inheritance? -
ANSWER
if, among other things, the marriage was void under the DR Law, parties were legally sepa-
rated or divorced under final decree, or the surviving spouse has abandoned or refused to
support the deceased spouse and such endowment or refusal to support continues through
the time of death
when can non-martial children inherit from their birth father? -
ANSWER
only if paternity is established by one of the following:
order of filiation declaring the person to be the child's father,
mom and dad acknowledge paternity under the Public Health Law,
dad files a witnessed and acknowledged affidavit of paternity with the Putative Father Regis-
try, or
Paternity is established by clear and convincing evidence, which may include a DNA test, or if
the dad openly and notoriously acknowledge the child as his own
if an issue is conceived after death of decedent, what are the requirements for that child to
inherit? -
ANSWER
the child may be included in any disposition to a class described as issue or any other therm
included in will, trust, or other instrument created by the parent if the decedent created a
written instrument within 7 years of death that gives consent for the use of his or her ge-
2
