Intestate Succession

News & Analysis as of

The Effect of Obergefell v. Hodges for Same-Sex Couples

issued on the second-to-last decision day of the term, and provides that same-sex couples have had a constitutional right to marry since at least the passage of the Fourteenth Amendment. This ruling may come as a surprise to...more

The Dangerous Path of Property through Intestacy: The Need for Estate Planning with Respect to Real Estate

Winding up an estate is a difficult task, one that can take a toll on a group of the decedent’s family and loved ones. This process, however, is exponentially more challenging when a person dies intestate....more

Notice of Incarcerated Beneficiaries: No More Splitting “Heirs”

The law requiring notice of incarcerated heirs has just been extended to beneficiaries, too. Practitioners have long recommended giving notice of at least those incarcerated beneficiaries who might take property by intestate...more

Homestead Status Without Current Use Or Possession; Interaction Of Homestead Successor Rights With Terms Of Marital Settlement...

Under Florida law, a decedent will be restricted in devising his or her homestead property at death. If those restrictions apply, surviving spouses and heirs received the interests they would receive under intestacy law. For...more

If You Die Intestate (Without A Last Will And Testament), Will Your Same-Sex Spouse Be Considered A “Spouse” For Purposes Of...

Yes. One of the effects of the Whitewood decision is that same-sex spouses are considered a “spouse” for purposes of Pennsylvania’s intestate succession process. A person domiciled in Pennsylvania who dies without a will is...more

Virginia Supreme Court Clarifies Intestacy Laws for Collaterals of the Half Blood

In Sheppard v. Junes, 2014 Va. Lexis 56 (April 17, 2014), the Supreme Court of Virginia considered whether an intestate decedent’s half-uncle on his father’s side should take half as much as the decedent’s whole-blood second...more

Florida Homestead Planning and Irrevocable Trusts

Florida law prohibits the devise of a homestead if the owner is survived by a minor child or children. For purposes of this prohibition, the term “devise” extends to both gifts under a will and transfers by way of a revocable...more

Per Stirpes Means Per Stirpes, Correct?

So, does per stirpes mean per stirpes? In most cases the answer is yes, however, this is not the case in circumstances in which heirs in the closest degree of kinship are deceased. This issue arises in jurisdictions...more

It Was A Dark And Stormy Night

It was a dark and stormy night on October 9, 1837, when Hardy Croom and his wife Frances, together with their three young children, all died in the wreck of the steamboat “Home” on their passage from New York to Charleston,...more

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