Wills and Estates Questions with 100% Verified Answers Latest
Update
Question: Answer:
Person dies with valid will. Testate
Question: Answer:
Person dies without valid will. Intestacy rules Intestate
govern distribution of intestate decedent's
property and direct property to heirs by default.
Question: Answer:
Occurs when there is no residuary clause and Partial intestacy
the will does not make a complete disposition,
or the residuary clause is ineffective.
Question: Answer:
Testacy and intestacy rules govern only Personal estate
property in the decedent's personal estate. They
do not govern property that passes
automatically by operation of law upon death or
according to an instrument other than a will.
Question: Answer:
An heir must survive the decedent by 120 hours, 120-hour survival
established by clear and convincing evidence.
Question: Answer:
The 120-hour survival requirement does not 120-hour exception
apply if the governing instrument clearly
provides a different result or if applying it would
result in escheat to the Commonwealth.
,Question: Answer:
Jointly owned property with a right of Simultaneous death (joint tenancy)
survivorship is divided among cotenants who die
within the 120-hour period.
Question: Answer:
An adopted person becomes the child of the Adoption
adopting parent and is no longer the child of the
biological parents unless the adopting parent is
the spouse of the biological parent. Adult
adoption is recognized for inheritance
purposes.
Question: Answer:
A child conceived through assisted conception Assisted conception
is the child of the person who consented in
writing before conception to be the parent,
provided the child is born during that person's
lifetime or within 10 months after that person's
death.
Question: Answer:
A child is always the child of the biological Child born out of wedlock
mother and is also the child of the biological
father if the parents participated in a marriage
ceremony before or after birth, even if invalid, or
paternity is established by clear and convincing
evidence. The father cannot inherit from the
child unless he openly treated the child as his
and did not refuse to support the child.
Question: Answer:
A child born out of wedlock seeking to inherit Parentage adjudication
must seek adjudication of parentage within one
year of the parent's death unless parentage is
established by a birth record, the deceased's
admission of parenthood before a court or in
writing under oath, or a previously concluded
parentage proceeding.
, Question: Answer:
Terminates the parent's right to take from or Termination of parental rights
through the child but does not affect the child's
right to take from or through the parent.
Question: Answer:
An heir related to the decedent through two Multiple inheritance lines
relationships is entitled only to the larger share.
Question: Answer:
Heirs conceived before the decedent's death Afterborn heirs
but born afterward inherit as if born during the
decedent's lifetime.
Question: Answer:
When designated by the will, issue take the Per stirpes
deceased ancestor's share in equal portions. The
estate is first divided into the number of the
ancestor's children who survive or leave
surviving issue.
Question: Answer:
Applies when the decedent dies intestate or the Per capita with representation
will is silent as to distribution among
descendants.
Question: Answer:
Bars a slayer from inheriting if the slayer is Slayer statute
convicted of the decedent's murder or voluntary
manslaughter, or if another party proves by a
preponderance of the evidence that the slayer
committed murder or voluntary manslaughter,
even if acquitted by reason of insanity.
Update
Question: Answer:
Person dies with valid will. Testate
Question: Answer:
Person dies without valid will. Intestacy rules Intestate
govern distribution of intestate decedent's
property and direct property to heirs by default.
Question: Answer:
Occurs when there is no residuary clause and Partial intestacy
the will does not make a complete disposition,
or the residuary clause is ineffective.
Question: Answer:
Testacy and intestacy rules govern only Personal estate
property in the decedent's personal estate. They
do not govern property that passes
automatically by operation of law upon death or
according to an instrument other than a will.
Question: Answer:
An heir must survive the decedent by 120 hours, 120-hour survival
established by clear and convincing evidence.
Question: Answer:
The 120-hour survival requirement does not 120-hour exception
apply if the governing instrument clearly
provides a different result or if applying it would
result in escheat to the Commonwealth.
,Question: Answer:
Jointly owned property with a right of Simultaneous death (joint tenancy)
survivorship is divided among cotenants who die
within the 120-hour period.
Question: Answer:
An adopted person becomes the child of the Adoption
adopting parent and is no longer the child of the
biological parents unless the adopting parent is
the spouse of the biological parent. Adult
adoption is recognized for inheritance
purposes.
Question: Answer:
A child conceived through assisted conception Assisted conception
is the child of the person who consented in
writing before conception to be the parent,
provided the child is born during that person's
lifetime or within 10 months after that person's
death.
Question: Answer:
A child is always the child of the biological Child born out of wedlock
mother and is also the child of the biological
father if the parents participated in a marriage
ceremony before or after birth, even if invalid, or
paternity is established by clear and convincing
evidence. The father cannot inherit from the
child unless he openly treated the child as his
and did not refuse to support the child.
Question: Answer:
A child born out of wedlock seeking to inherit Parentage adjudication
must seek adjudication of parentage within one
year of the parent's death unless parentage is
established by a birth record, the deceased's
admission of parenthood before a court or in
writing under oath, or a previously concluded
parentage proceeding.
, Question: Answer:
Terminates the parent's right to take from or Termination of parental rights
through the child but does not affect the child's
right to take from or through the parent.
Question: Answer:
An heir related to the decedent through two Multiple inheritance lines
relationships is entitled only to the larger share.
Question: Answer:
Heirs conceived before the decedent's death Afterborn heirs
but born afterward inherit as if born during the
decedent's lifetime.
Question: Answer:
When designated by the will, issue take the Per stirpes
deceased ancestor's share in equal portions. The
estate is first divided into the number of the
ancestor's children who survive or leave
surviving issue.
Question: Answer:
Applies when the decedent dies intestate or the Per capita with representation
will is silent as to distribution among
descendants.
Question: Answer:
Bars a slayer from inheriting if the slayer is Slayer statute
convicted of the decedent's murder or voluntary
manslaughter, or if another party proves by a
preponderance of the evidence that the slayer
committed murder or voluntary manslaughter,
even if acquitted by reason of insanity.
