Complete Home & Office Legal Guide/Complete Home and Office Legal Guide (Chestnut) (1993).ISO/stat/mprc/prob2.asc

Text File | 1993-08-24 | 59KB | 1,261 lines

/* Part 2 of 7 of the Uniform Probate Code. */

2--104. Requirement That Heir Survive Decedent for 120
Hours

Any person who fails to survive the decedent by 120 hours is
deemed to have predeceased the decedent for purposes of homestead
allowance, exempt property and intestate succession, and the
decedent's heirs are determined accordingly.  If the time of
death of the decedent or of the person who would otherwise be an
heir, or the times of death of both, cannot be determined, and it
cannot be established that the person who would otherwise be an
heir has survived the decedent by 120 hours, it is deemed that
the person failed to survive for the required period.  This
section is not to be applied where its application would result
in a taking of intestate estate by the state under Section 2-105.

/* This supplants the Uniform Simultaneous Death Act, and
attempts to avoid pointless multiple probates. This contingency
is more appropriately handled by estate planning if at all
possible. */


2--105.  No Taker

If there is no taker under the provisions of this Article, the
intestate estate passes to the [state].

2--106.  Representation

If representation is called for by this Code, the estate is
divided into as many shares as there are surviving heirs in the
nearest degree of kinship and deceased persons in the same degree
who left issue who survive the decedent, each surviving heir in
the nearest degree receiving one share and the share of each
deceased person in the same degree being divided among his issue
in the same manner.

2--107.  Kindred of Half Blood

Relatives of the half blood inherit the same share they would
inherit if they were of the whole blood.

2--108.  Afterborn Heirs

Relatives of the decedent conceived before his death but born
thereafter inherit as they would if they had been born in the
lifetime of the decedent.

2--109.  Meaning of Child and Related Terms


If, for purposes of intestate succession, a relationship of
parent and child must be established to determine succession by,
through, or from a person,

(1) an adopted person is the child of an adopting parent and not
of the natural parents except that adoption of a child by the
spouse of a natural parent has no effect on the relationship
between the child and that natural parent.

(2) In cases not covered by (1), a person born out of wedlock is
a child of the mother.

That person is also a child of the father, if:

 (i) the natural parents participated in a marriage
ceremony before or after the birth of the child, even though the
attempted marriage is void; or

 (ii) the paternity is established by an adjudication
before the death of the father or is established thereafter by
clear and convincing proof, except that the paternity established
under this subparagraph (ii) is ineffective to qualify the father
or his kindred to inherit from or through the child unless the
father has openly treated the child as his, and has not refused
to support the child.

2--110.  Advancements

If a person dies intestate as to all his estate, property which
he gave in his lifetime to an heir is treated as an advancement
against the latter's share of the estate only if declared in a
contemporaneous writing by the decedent or acknowledge in writing
by the heir to be an advancement.  For this purpose the property
advanced is valued as of the time the heir came into possession
or enjoyment of the property or as of the time of death of the
decedent, whichever first occurs.  If the recipient of the
property fails to survive the decedent, the property is not taken
into account in computing the intestate share to be received by
the recipient's issue, unless the declaration or acknowledgement
provides otherwise.

2--111.  Debts to Decedent

A debt owed to the decedent is not charged against the intestate
share of any person except the debtor.  If the debtor fails to
survive the decedent, the debt is not taken into account in
computing the intestate share of the debtor's issue.

2--112.  Alienage

No person is disqualified to take as an heir because he or a
person through whom he claims is or has been an alien.

[2--113.  Dower and Curtesy Abolished

The estates of dower and curtesy are abolished.]

Part 2
Elective Share of Surviving Spouse

2--201.  Right to Elective Share

(a) If a married person domiciled in this state dies, the
surviving spouse has a right of election to take an elective
share of one-third of the augmented estate under the limitations
and conditions hereinafter stated.

(b)  If a married person not domiciled in this state dies, the
right, if any, of the surviving spouse to take an elective share
in property in this state is governed by the law of the
decedent's domicile at death.

2--202.  Augmented Estate

The augmented estate means the estate reduced by funeral and
administration expenses, homestead allowance, family allowances
and exemptions, and enforceable claims, to which is added the sum
of the following amounts:

 (1) The value of property transferred by the decedent at
any time during marriage, to or for the benefit of any person
other than the surviving spouse, to the extent that the decedent
did not receive adequate and full consideration in money or
money's worth for the transfer, if the transfer is of any of the
following types:

 (i) any transfer under which the decedent retained at the
time of his death the possession or employment of, or right to
income from, the property;

 (ii) any transfer to the extent that the decedent
retained at the time of his death a power, either alone or in
conjunction with any other person, to revoke or to consume,
invade or dispose of the principal for his own benefit;

 (iii) any transfer whereby property is held at the time
of decedent's death by decedent and another with right of
survivorship;

 (iv) any transfer made within two years of death of the
decedent to the extent that the aggregate transfers to any one
donee in either of the years exceed $3,000.

Any transfer is excluded if made with the written consent or
joinder of the surviving spouse.  Property is valued as of the
decedent's death except that property given irrevocably to a
donee during the lifetime of the decedent is valued as of the
date the donee came into possession or enjoyment if that occurs
first.  Nothing herein shall cause to be included in the
augmented estate any life insurance, accident insurance, joint
annuity, or pension payable to a person other than the surviving
spouse.

 (2) The value of property owned by the surviving spouse
at the decedent's death, plus the value of property transferred
by the spouse at any time during marriage to any person other
than the decedent which would have been includable in the
spouse's augmented estate if the surviving spouse had predeceased
the decedent, to the extent the owned or transferred property is
derived from the decedent by any means other than testate or
intestate succession without a full consideration in money or
money's worth.  For purposes of this subsection:

 (i) Property derived from the decedent includes, but is
not limited to, any beneficial interest of the surviving spouse
in a trust created by the decedent during his lifetime, any
property appointed to the spouse by the decedent's exercise of a
general or special power of appointment also exercisable in favor
of others than the spouse, any proceeds of insurance (including
accidental death benefits) on the life of the decedent
attributable to premiums paid by him, any lump sum immediately
payable and the commuted value of the proceeds of annuity
contracts under which the decedent was the primary annuitant
attributable to premiums paid by him, the commuted value of
amounts payable after the decedent's death under any public or
private pension, disability compensation, death benefit or
retirement plan, exclusive of the Federal S