Dead Law-Intestacy
Requirements for Common Law Marriage in Alabama:
1. Capacity 2. Present, mutual agreement to permanently enter the marriage relationship; AND 3. Public recognition of the relationship as a marriage and public assumption of marital duties and cohabitation.
What is the purpose of the surviving spouse statute?
1. Carry out the probable intent of the average intestate decedent (studies show that when there are no children from a prior marriage, most persons want everything to go to the surviving spouse) 2. Family protection: preserving the economic health of the family after death 3. Advancing the public policy of the state and fostering positive social norms
Three reasons for slayer bar
1. Eliminate incentive to kill 2. Decedent's intent 3. Moral turpitude
Who qualifies as a spouse for purposes of surviving spouse intestacy statutes?
1. Formal marriage through the court system. 2. Common Law Marriage in those states that recgnize it 3. Punitive Spouse
What are the four type of property management options available for minors?
1. Guardianship of the Property 2. Conservatorship 3. Custodianship 4. Trust
Under the Restatement, when does an adopted child inherit from her genetic parent(s)?
1. If the adoption is by a relative of either genetic parent, or by the spouse or surviving spouse of such a relative 2. If the adoption is by a stepparent, the child is a child of both the genetic parent/stepparent and the other genetic parent (parent can't inherit through the child)
What are the three exceptions to disclaimers?
1. Insolvent beneficiaries 2. federal tax liens 3. Medicaid eligibility
Under the Restatement, when are inheritance rights recognized for a posthumously conceived genetic child?
1. Must be born within a reasonable time after the decedent's death 2. Circumstances indicate that the decedent would have approved of the child's right to inherit (clear case--artifical insemination of frozen sperm)
What are the six different views regarding advancements? common law...majority view
1. Presumptively Advancements (Common Law) 2. Presumptively not Advancements 3. Not Advancements unless so Stated in Writing (UPC and Alabama) 4. Advancements unless State in Writing not to be 5. Advancements if Substantial and Not Given for Maintenance or Education 6. Not Advancements
What are the two reasons to disclaim an interest?
1. Reduce taxes 2. Keep property from creditors
What are the three major state interests in determining whether posthumously conceived genetic children enjoy inheritance rights?
1. The best interests of the children 2. The orderly administration of estate 3. The reproductive rights of the genetic parent
What are the different approaches to the posthumously conceived child inheritance problems?
1. Woodward--Massachusetts 2. Uniform Parentage Act 3. UPC 4. Restatement 5. Khabbaz--New Hampshire 6. Alabama
Three different approaches to slayer inheritance:
1. legal title passes to the slayer and may be retained in spite of the crime 2. legal title does not pass to the slayer because of the principle that no one should be permitted to profit by his own wrong 3. legal title passes to the slayer but equity holds him to be a constructive trustee for the heirs or next of kid of the decedent.
What are the two public policy rationales for allowing the exception for adoption by a stepparent?
1.Intent: It is likely that the natural parent would still want their children to inherit from them even if the child is adopted by a stepparent 2. Favored status of marriage: don't want to create a barrier to marriage (penalty to kids when one parent gets remarried)
To remedy the "no sufficient evidence" problem, the UPC 2008 Code provides that an heir or devisee or life insurance beneficiary who fails to survive by _____ hours (5 days) is deemed to have predeceased the decedent. A claimant must establish survivorship by 120 hours by ______________.
120; clear and convincing evidence
The Uniform Parentage Act establishes a rebuttable presumption that a child born to a woman within ________ days after the death of her husband is a child of that husband.
300
Under the UPC, when a lesbian partner adopts a child, can the child inherit from the natrual mother?
A child conceived by assisted reproduction other than gestational surrogacy is in a parent-child relationship (and thus entitled to inherit by, from, or through) the child's birth mother. There can also be a parent-child relationship with another person if the other person either consented in writing to assisted reproduction by the birth mother with the intent to be the other parent of the child or functioned as a parent of the child within two years of the child's birth.
When considering the share of a surviving spouse, does a common law spouse fall within the provision?
A member of a common law marriage would qualify as a spouse if common law marriage is recognized in that state
Can a widow convicted of manslaughter for the death of her husband inherit from his estate in Alabama?
A probate court would decide whether this was an intentional killing because it is specified in Alabama's statute. (A surviving spouse, heir or devisee who feloniously and intentionally kills the decedent is not entitled to any benefits under the will or under articles 3 through 10 of this chapter, and the estate of decedent passes as if the killer had predeceased the decedent. Property appointed by the will of the decedent to or for the benefit of the killer passes as if the killer had predeceased the decedent.)
In Alabama, when are inheritance rights recognized for a posthumously conceived genetic child?
Alabama courts would like follow the Khabbaz court.
If a child wishes to share in the intestate distribution of a deceased parent's estate, the child must permit the administrator to include in the determination of the distributive shares the value of any property that the decedent, while living, gave the child by way of ______________.
An advancement
Refers to a probate proceeding that is required in addition to the primary probate proceeding that will take place in your home state;Typically necessary if you own a piece of real estate that is located outside of your home state, although it could apply to tangible personal property, such as a car, boat, or airplane, that is registered and titled outside of your home state, or livestock or oil, gas, or mineral rights that are attached to real estate located outside of your home state.
Ancillary Probate
Hypo: Assume that the intestate decedent, A, a widow, has three children, B, C, and D. One of her three children, C, dies before A, survived by a husband and two children. A is survived by two children, B and D, and by five grandchildren, E, F (C's child), G (C's child), H, and I.
Because C's children take C's share by representation, A's heirs are B (1/3), D (1/3), F (1/6), and G (1/6). Observe that E, H, and I take nothing because their parents are living. (Observe also that C's spouse, decedent's son-in-law, takes nothing. Sons-in-law and daughters-in-law are excluded as intestate successors in virtually all states). There is an exception in California allowing for an in-law to take.
Is a child conceived after her father's death via artificial insemination eligible to inherit from her father as his surviving issue under New Hampshire intestacy law?
Because the daughter was conceived more than a year after his death, neither she nor any posthumously conceived child is a "surviving issue" within the plain meaning of the statute. The court found "surviving issue" to mean someone "alive" or "in existence" at the time of the father's death.
Child 1 gets gift of $40,000 during life. Child is 1 of 3. There are assets of $50,000 to be divided at death
Child 1 will choose not to participate. The $50,000 is divided equally among the other two children: Child 2 and 3 take $25,000 each.
All persons who are related by blood to the decedent but who are not descendants or ancestors
Collateral Kindred
more flexible powers than a guardian, and only one trip to the courthouse annually for an accounting may be necessary; terminates when the minor reaches the age of majority or dies before then.
Conservatorship
A third party who is the recipient of the benefit of a transaction undertaken by another, the receipt of which is based on the uncertain happening of another event.
Contingent Beneficiary
Most state disclaimer statutes require that a disclaimer be made within nine months of the _________ of the interest being disclaimed
Creation
A person who is given property to hold for the benefit of a minor; discretionary power to expend for the minor's benefit the custodial property; required to transfer the property to the minor on his attaining the age of 18 or 21.
Custodian
Statutes of descent and distribution that govern the distribution of the property of a person who dies intestate
Default Rules
the intestate estate passes to the closest of kin, counting degrees of kinship. To ascertain the degree of relationship of the decedent to the claimant you count the steps (counting one for each generation) up from the decedent to the nearest common ancestor of the decedent and claimant, and then you count the steps down to the claimant from the common ancestor. The total number of steps is the degree of relationship.
Degree-of-relationship system
Treats every line of descendants equally. The property is divided into as many shares as there are living children of the designated person and deceased children who have descendants living. The children of each deceased parent represent their deceased parent and are moved into their parent's position beginning at the first generation below the designated person.
English Per Stirpes
Hypo: The decedent, A, has four siblings, B, C, D, and E. B is the only surviving sibling. A has no children. C has one child F, still living. D has three children F (still living), G (still living), H, and I. E has two children, J (still living) and K. H has four children, all still living, L, M, N, and O. K has one child still living, P.
English Per Stirpes: Division into four shares is made at the level of A's brothers and sisters. Modern Per Stirpes: Division into four shares is made at the level of A's brothers and sisters because B is alive. Under both systems: 1. B takes ¼ 2. F takes ¼ 3. G takes 1/12 4. L, M, and N take 1/36 5. O takes 1/12 6. J takes 1/8 7. P takes 1/8 Under the UPC: 1. B takes ¼ 2. The remaining ¾ is divided into six shares of 1/8 each. The remaining 3/8 is divided into 5 shares of 3/40. L, M, N, O, and P take 3/40 each.
An oral agreement to adopt A, between H and W and A's genetic parents, is inferred if H and W take baby A into their home and raise A as their child. It permits the adopted child to inherit from the foster parents, but the foster parents cannot inherit from the child.
Equitable adoption
In Minary, will adoption of an adult for the purpose of bringing that person under the provisions of a preexisting testamentary instrument be permitted?
Even though the adoption statute provides that an adult person may be adopted in the same manner as a child, adoption of an adult for the purpose of bringing that person under the provisions of a preexisting testamentary instrument when she clearly was not intended to be covered should not be permitted, and we do not view this as doing any great violence to our adoption laws.
Descendants of the decedent's parents, other than the decedent and the decedent's descendants
First-Line Collateral
If the lifetime gift is ___________ than the share, that child will take the gift and walk away.
Greater
Person with responsibility for the minor child's custody and care. If both of the child's parents die while a child is a minor and their wills do not designate a guardian, the court will appoint this person. Terminates when the minor reaches the age of majority, dies, or is adopted.
Guardian of the person
When spouses are domestic partners does the surviving spouse fall within the intestacy statute?
If the requirements for common law marriage are met.
What is the simultaneous death statute in Alabama?
If there is no sufficient evidence that they have died otherwise than simultaneously, the proceeds of the policy shall be distributed as if the insured had survived the beneficiary; applies the old USDA
Can a separated father inherit through his daughter if he doesn't provide child support payments? Was a parent-child relationship established?
In Alabama, the court found a difference between failure and refusal to support the child. Because there was never a request for funding, the father could inherit his daughter's estate through intestate. Relevant Statute: The paternity is established by an adjudication before the death of the father or is established thereafter by clear and convincing proof, but the paternity established under this paragraph 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.
In Alabama, when a lesbian partner adopts a child, can the child inherit from the natrual mother?
In Alabama, this would cutoff inheritance from the natural mother because the couple is not married.
Governs the distribution of an intestate decedent's probate property
Law of Intestacy
What is the common law rule regarding advancements?
Lifetime gifts to children are assumed to be advancements (i.e., $10,000 to child while the decedent is alive results in a reduction of $10,000 upon death)
Under this approach, look first to see whether any children survived the descendant. If so, the distribution is identical to English per stirpes. If not, the estate is divided equally (per capita) at the first generation in which there are living takers. Under this system, the decedent's estate is divided into shares at the generational level nearest to the decedent in which one or more descendants of the decedent are alive. Any deceased descendant on that level is represented by her descendants using English per stirpes distribution. This system treats equally each line beginning at the closest living generation.
Modern (Alabama) Per Stirpes
The barred heir is treated as if he disclaimed his intestate share, which means he is treated as having predeceased the intestate.
Negative Disinheritance (authorized by the UPC)
In Alabama, can an adopted child inherit from their natural parents?
No. "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 right of the child to inherit from or through either natural parent...."
Would Alabama recognize a same sex partnership that was entered into in Massachusetts?
No. Ala. Code §30-1-19(e): "The State of Alabama shall not recognize as valid any marriage of parties of the same sex that occurred or was alleged to have occurred as a result of the law of any jurisdiction regardless of whether a marriage license was issued."
the intestate estate passes to grandparents and their descendants, and if none to great-grandparents and their descendants, and if none to great-great-grandparents and their descendants, and so on down each line descended from an ancestor until an heir is found.
Parentelic
Under the UPC, the initial division of shares is made at the level where one or descendants are alive (as under modern per stirpes), but the shares of deceased person are that level are treated as one pot and are dropped down and divided equally among the representatives on the next generational level.
Per Capita at Each Generation (UPC)
The individual specified in a life insurance policy to receive the proceeds upon the insured's death.
Primary Beneficiary
What are the pros and cons for Woodward and Khabbaz?
Pro-Woodward: 1. Testator's intent 2. No issue of timeliness 3. Best interest of the children Pro-Khabbaz 1. Finality 2. Efficiency 3. Legislature's decision
Spousal type in which the couple went through the marriage ceremony but the individual marrying the couple was not registered or qualified; the law will deem the couple as married
Punitive Spouse
What does UPC require regarding advancements?
Same as the UPC. The intention to make an advancement must be in writing and signed.
Descendants of the decedent's grandparents, other than the decedent's parents and their descendants
Second-Line Collateral
If the decedent is not survived by a spouse, descendant, or parent, in all jurisdictions intestate property passes to ____________
Siblings
Situation in which a person cannot take as an heir or will beneficiary unless he survives the decedent for at least an instant of time. However, it is often difficult to determine whether the person survived the decedent (e.g., when the person and the decedent are both fatally injured in an accident).
Simultaneous Death
If there is no taker under the provisions of the UPC, the intestate estate passes to the_____.
State
Is a child adopted by A entitled to share in a gift in a will or trust by T to the "children," "issue," "descendants," or "heirs" of A? Two different rules:
Strangers-to-the-Adoption Rule: The adopted child is presumptively barred, whatever generic word is used, except when the donor is the adoptive parent. However, in most states, issues, heirs, or children would include adopted children.
Does the slayer bar apply to non-probate transfers (i.e., life insurance policies)?
The UPC and Alabama bars the killer from succeeding to nonprobate as well as probate property
Is a criminal conviction required for the slayer bar to apply?
The UPC provides that a final criminal conviction of a felonious and intentional killing is conclusive. Acquittal, however, is not dispositive of the acquitted individual's status as a slayer. In the absence of a conviction, upon application of an interested person, the court must determine whether, under the preponderance of the evidence standard, the individual would be found criminally accountable for the killing. If so found, the individual is barred.
Under the UPC, when are inheritance rights recognized for a posthumously conceived genetic child?
The UPC provides that a posthumously conceived child inherits from the deceased parent if: 1. During life the parent consented to posthumous conception in a signed writing or consent is otherwise proved by clear and convincing evidence, and 2. The child is in utero not later than 36 months or is born not later than 45 months after the parent's death.
What does the UPC require regarding advancements?
The UPC requiring that the intention to make an advancement be declared in writing signing by the grantor or grantee.
Does adoption removed the adoptee from a class gift to the adoptee's genetic parent's children, issue, descendants, or heirs?
The adoptee is not included in a class gift to adoptee's genetic parent's descendants.
What is the rationale for the common law rule of advancements?
The assumption is that it would be the parent's intent for the children to be treated equally and therefore, it is presumed to be an advancement.
In Alabama, will adoption of an adult for the purpose of bringing that person under the provisions of a preexisting testamentary instrument be permitted?
The child would take because the language of the statute is clear and Alabama courts strictly construe the language of the statute. BUT, in Alabama, you can't adopt a healthy adult unless there is a simultaneous adoption of both a husband and a wife; or a relative (i.e., adult nephew), but can't adopt spouse in Alabama
How must the determination of legal death me made?
The determination of legal death must be made in accordance with the usual and customary standards of medical practice.
What is the determination under the UPC concerning inheritance rights for children and adopted children?
The key determination is whether there is a parent-child relationship. If such a relationship exists, "the parent is a parent of the child and the child is a child of the parent for the purpose of intestate succession" by, from, or through the parent or the child. Regarding adoption, a parent-child relationship exists between an adopted child and the adopted parent, but not between the adopted child and the child's genetic parents, subject to exceptions.
Under the UPC, does an adopted ADULT affect a class gift? exceptions
UPC: excludes a person adopted after reaching the age of 18 from a class gift to the adoptive parent's children, issue, descendants, or heirs by someone other than the adoptive parent unless the adoptive parent was the adoptee's stepparent or foster parent, or the adoptive parent "functioned as a parent of the adoptee before the adoptee" turned 18.
Hypo: Suppose A has two children, B and C. B predeceases A, leaving a child D. C predeceases A, leaving two children, E and F. A dies intestate, leaving no surviving spouse, survived b y D, E, and F. Under English Per Stirpes? Under Modern Per Stirpes?
Under English per stirpes, A's property is divided into two shares at the level of A's children, D takes B's one-half by representation, and E and F split C's one-half by representation. Under modern per stirpes, where B and C are dead, D, E, and F, are all grandchildren of equal degree of kinship to A, A's estate is divided equally among them in thirds. If F had predeceased A, leaving descendants, F's descendants would represent F and take F's one-third.
What is a surviving spouse statute?
Under common law, a spouse was not an heir and the decedent's property passed by intestacy to descendants. Today, the surviving spouse takes an intestate share of the decedent's estate in all jurisdictions. If the decedent is survived by a spouse and by descendants (children, grandchildren, etc.), in most states the spouse takes one-half of the decedent's estate. If the decedent is survived by a spouse but not by descendants or parents, in many states the spouse inherits the entire estate.
O has a daughter C that goes to medical school at Yale and O pays the tuition. Are these tuition payments an advancement?
Under the Common Law: 1. Doesn't turn on the amount, but the amount may be relevant in determining the equal treatment of siblings 2. Undergraduate tuition is usually expected and therefore, it is probably not an advancement, but graduate tuition would probably be considered an advancement
: O has two children, A and B. B dies, survived by one child C. Then, O, a widow dies intestate. O's heirs are A and C. A has four children. A disclaims. What distribution is made of O's estate?
Under the UPC and Alabama, C gets 50% and A1, A2, A3, and A4 would each get 2/25ths
Hypo: Suppose T bequeaths a fund in trust "for my wife for life, then to my descendants then living per stirpes." After T's death, his son, A died, leaving a wife and a minor child, B. A's wife remarries, and her second husband adopts the minor child, B. T's wife then dies. Is B entitled to share in T's trust fund? Results under the UPC?
Under the UPC, B would share in T's trust fund because of the stepparent adoption rule.
Hypo: Suppose A has three children, B, C, and D. B and C are no longer alive, but have descendants (B has one child E, and C has two children, F and G. D is still alive and has no children. Under the UPC?
Under the UPC, D takes a 1/3 share; the two-thirds that would've been passed to B and C had they been living is divided equally among all the children of B and C. Therefore, E, F, and G each takes a 2/9 share.
Do children adopted after the death of a natural parent lose all rights of inheritance from or through their natural parent?
Yes, Adopted children may not inherit from or through their natural parents. Once a child is adopted, the rights of both the natural parents and their relatives are terminated. Because an adopted child has no right to inherit from the estate of a natural parent who dies intestate, it follows that the same child may not inherit through the natural parent by way of representation.
May posthumously conceived genetic children enjoy inheritance rights under the Massachusetts intestacy statute?
Yes, in certain limited circumstances. 1. Judgment of paternity must be obtained 2. Period of limitations 3. Donor parent must consent (burden of proof rests with the surviving spouse)
Is a child conceived during the father's lifetime but born after his death considered his child for inheritance purposes?
Yes, in most jurisdictions.
Wisconsin Hypo: Suppose, H, aware of his wife W's psychological instability, provides in his will that W should receive his entire estate even if W kills him. Does W take?
Yes, only in Wisconsin.
Is a claim for equitable adoption defeated if someone other than the legal guardian contracts for the adoption?
Yes.
When spouses are separated does the surviving spouse fall within the intestacy statute?
Yes.
Can a widow convicted of manslaughter for the death of her husband inherit from his estate in Vermont?
Yes. Legal title passes to the slayer but equity requires him to be a constructive trustee for the heirs or next of kin of the decedent
What is the rationale for Alabama and the UPC's rule of advancements?
a. Children have different needs and that should not affect inheritance. b. Contemporaneous Writing: effectuates an orderly administration of intestate shares
Hypo: Parent makes a gift of $10,000 to Child 1 of 3 children. Parent dies with asset of $50,000 to be divided at death. Children are the only heirs.
a. The $10,000 is added to the $50,000. b. The total is divided by 3: $20,000 each. c. Child 1 takes $10,000 after death d. Child 2 and 3 take $20,000 each after death.
When the intestate decedent is survived by a descendant, the decedent's _________ and ________ do not take. In some states, when these is no descendant, after deducting the spouse's share, the rest of the intestate's property is distributed to the decedent's parents, as under the UPC.
ancestors; collaterals
When one of several children has died ________ the decedent, leaving descendants, all states provide that the child's descendant's shall represent the dead child and divide the child's share among themselves.
before
There is an assumption that most decedents would want their ________ to inherit their estate.
close family
Fetus is deemed to be alive at the time the child was _________ for purposes of inheritance only if the child was born alive
conceived
Generally, the law of the state where the decedent was ____________ at death governs the disposition of personal property, and the law of the state where the decedent's real property is ____________ governs the disposition of his real property.
domiciled; located
Has has the duty of preserving the specific property left to the minor and delivering it to the ward at age 18, unless the court approves a sale, lease, or mortgage, but does not have title to the ward's property, usually cannot change investments without a court order, can use only the income from the property to support the ward; the guardian needs court approval to into principal to support the ward. Strict court supervision over many of the guardian's acts is burdensome and time-consuming. Each trip to court incurs attorney's fees and court costs.
guardianship of the property
In a large majority of states, and under the UPC, a _________ is treated the same as a relative of a whole-blood.
half-blood
The persons who would be the heirs of A, a living person, if A died within the next hour, are not the heirs of A but the... they have.... the statute is
heirs apparent. they have a mere expectancy. Expectancy can be destroyed by a deed or will. Heirs can only be identified after the death of A. they are identified by the statute of descent and distribution.
Under the Uniform Parentage Act, when are inheritance rights recognized for a posthumously conceived genetic child?
i. The Uniform Parentage Act recognizes inheritance rights for a posthumously conceived child if the parent consented to posthumous conception in writing.
The problem of simultaneous death arises not only in __________, but also in wills, trusts, and other instruments transferring property at death.
intestacy
UPC: Any part of a decedent's estate not effectively disposed of by will passes by ________________ to the decedent's heirs as prescribed in this Code, except as modified by the decedent's will.
intestate succession
To prevent the problem of ________ ________, states have drawn the line at grandparents and their descendants. In these jurisdictions, there is no inheritance by relatives traced through great-grandparents and other more remote ancestors.
laughing heirs
a. Most intestacy statutes draw no distinction between the adoption of a minor and the adoption of an adult. However, In most states, the adoption of one's _________ is not permitted.
lover
A _________ cannot be transferred at law. However, a purported transfer of an expectancy, for an adequate consideration, may be enforceable in equity as a contract if the court views it as fair under all the circumstances. _______ scrutinizes such transactions to protect prospective heirs from unfair bargains.
mere expectancy; Equity
In all states today, __________ child inherits from his natural mother and the mother's kin, and they can inherit from and through the child. While the rules respecting inheritance from the father vary, most states have adopted the provisions in UPC section 2-109, which permit paternity to be established by evidence of the parents' subsequent marriage, by the father's acknowledgment by an adjudication during the father's lifetime, or by clear and convincing proof after his death.
nonmarital
Under current intestacy laws in most states, the surviving spouse usually receives at least a ________ share of the decedent's estate.
one-half
Under the 2008 amendments to the UPC, inheritance rights turn on whether a ________________ exists.
parent-child relationship
If there are no first-line collaterals, the states differ on who is next in the line of succession. Two basic schemes are used: the _________ system and the ___________ system.
parentelic; degree-of-relationship
A __________ child is a child that is both born and conceived after the death of one or both of the child's genetic parents. A posthumously conceived child is a ___________ child even though the child's parents might been married prior to the child's conception.
posthumously; nonmarital
In all jurisdictions, after the spouse's share (if any) is set aside, children and descendants of deceased children take the ___________ of the decedent's property to the exclusion of everyone else.
remainder
Congress enacted the Defense of Marriage Act. Section 2 of the Act provides that no state shall be required under the Full Faith and Credit Clause of the Constitution to give effect to a _____________ contracted in another states.
same-sex marriage
The adoption of an adult may be useful in preventing a will contest by denying _____________ to the potential contestants.
standing
Under the Restatement, A ____/____ who is not adopted by his _____/_______ is not their child
stepchild/foster; stepparent/foster parents
A few states and the UPC have created a new class of heirs consisting of ____________, who take as a last resort if there are no surviving grandparents or descendants of grandparents or more closely related kin. California extends this provision to include in-laws.
stepchildren
The original Uniform Simultaneous Death Act (USDA) (1940) provided that if "there is no _________" of the order of deaths, the beneficiary is deemed to have predeceased the donor.
sufficient evidence
Parenthood in surrogate mother cases should not be determined by who gave birth or who contributed genetic material, but should turn on the intent of the parties as shown by the ____________.
surrogacy contract
A parent who has refused to acknowledge or has abandoned his or her child, or a person whose parental rights have been terminated, is barred from inheriting __________ the child.
through
A decedent by ______ may expressly exclude or limit the right of an individual or class to succeed to property of the decedent passing by intestate succession. If that individual or a member of that class survives the decedent, the share of the decedent's intestate estate to which that individual or class would have succeeded passes as if that individual or each member of that class has ________ his (or her) intestate share.
will; disclaimed
General Rule: The slayor rule applies to both ______ and intestate heirs (except for Wisconsin)
wills
