Under intestacy laws, if a person dies leaving a surviving spouse and two children, how is the estate typically distributed?
Explanation
This question tests the general rules of intestate succession when a decedent is survived by both a spouse and children.
Other questions
What is the legal term for a person who makes a will?
What is the minimum age for executing a will in most states and under the Uniform Probate Code (UPC)?
A gift of real estate by will is generally called what?
What is the term for a will that is completely in the handwriting of the testator?
What happens to a legacy if the legatee dies before the testator and has no surviving descendant in a close blood relationship to the testator?
A written instrument that amends or revokes provisions in a will is known as a:
Which of the following is NOT an essential element of a trust?
What type of trust is created by a grantor during their lifetime?
In the case of Shaw Family Archives, Ltd. v. CMG Worldwide, Inc., why did the court rule that Marilyn Monroe's will could not bequeath postmortem publicity rights?
A trust created when a grantor deposits funds into an account in their own name with instructions that the funds should go to a specific beneficiary upon the grantor's death is known as a:
What is the legal term for the process of establishing a will's validity and carrying out the administration of the estate through a court-supervised process?
What is the difference between distributing an estate per stirpes and per capita?
What is the primary purpose of a living will?
What is the legal effect of a divorce on a will made before the divorce?
What type of trust is imposed by a court in the interests of equity and fairness when someone wrongfully holds legal title to property?
What is the primary difference between a revocable living trust and an irrevocable living trust?
Under the Uniform Probate Code, what happens if witnesses to a will do not sign in the presence of one another?
What is the legal term for when property transfers to the state because a decedent has no surviving heirs or kin?
Which of the following is an example of a general bequest?
What is a durable power of attorney primarily used for in estate planning?
In the case In re Estate of Pallister, the court presumed Pallister did not intend to revoke her will because:
An oral will made before witnesses during a testator's last illness is known as what?
What is the primary function of a health-care power of attorney?
Under the concept of 'sound mind' for testamentary capacity, which of these is NOT a required element?
What is the primary benefit of a living trust as an estate-planning option?
In the context of trust administration, what does it mean for a trustee to 'invade' the principal?
Which of the following is NOT a method of revoking a will?
If a will leaves a gift of $29 million to a nursing home on the condition that the funds be used only to help 'white' patients, what is the likely outcome?
In the context of intestacy, who are considered collateral heirs?
What is the primary characteristic of a spendthrift trust?
What is an executor's role in estate planning?
Under intestacy laws, what are the inheritance rights of a legally adopted child?
What is the general rule for how a trustee must allocate ordinary receipts and expenses versus extraordinary ones?
In the case Cinquemani v. Lazio, what was the primary reason the court imposed a constructive trust on the pizzeria business?
If a will fails to name a trustee for a testamentary trust, what is the result?
What is the term for the process where legatees receive reduced benefits because the assets of an estate are insufficient to pay all general bequests in full?
What is a 'family settlement agreement' in the context of probate?
What does a will being 'testate' signify?
In the Exhibit 50-1 excerpt of the Will of Diana, Princess of Wales, who is appointed as the primary executor?
What is the purpose of a will substitute?
Can a court infer undue influence if a nurse caring for a testator at the time of death is named as the sole beneficiary, to the exclusion of all family members?
What is the general duty of care for a trustee?
According to the Exhibit on Diana's will, what happens to a child's share if that child dies within three months of Diana's death but has children of their own who survive?
When is a person said to have died intestate?
Can a person create a trust for a purpose that is illegal or against public policy?
In the case of a revocable living trust, who is typically responsible for paying income taxes on the trust earnings?
If a second will is executed but does not contain an express declaration revoking a prior will, what is the legal result?
What is an administrator in the context of estate law?
Under the Uniform Probate Code, how is the elective share of a surviving spouse determined?