Bar Exam (US) Wills: Question below is based on the following provisions of the Uniform Probate ...

Question

Question below is based on the following provisions of the Uniform Probate Code:

Section 2-102. Share of the Spouse

The intestate share of a decedent's surviving spouse is:

(1) the entire intestate estate if:

(i) no descendant or parent of the decedent survives the decedent; or

(ii) all of the decedent's surviving descendants are also descendants of the surviving spouse and there is no other descendant of the surviving spouse who survives the decedent;

(2) the first $300,000 plus three-fourths of any balance of the intestate estate, if no descendant of the decedent survives the decedent, but a parent of the decedent survives the decedent;

(3) the first $225,000 plus one-half of any balance of the intestate estate, if all of the decedent's surviving descendants are also descendants of the surviving spouse and the surviving spouse has one or more surviving descendants who are not descendants of the decedent;

(4) the first $150,000 plus one-half of any balance of the intestate estate, if one or more of the decedent's surviving descendants are not descendants of the surviving spouse.

Section 2-103. Share of Heirs other than Surviving Spouse.

Any part of the intestate estate not passing to the decedent's surviving spouse under Section 2-102, or the entire intestate estate if there is no surviving spouse, passes in the following order to the individuals designated below who survive the decedent:

(1) to the decedent's descendants by representation;

(2) if there is no surviving descendant, to the decedent's parents equally if both survive, or to the surviving parent;

(3) if there is no surviving descendant or parent, to the descendants of the decedent's parents or either of them by representation; . . .

Section 2-105. No taker.

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

George died intestate survived only by his father, his widow, his only daughter, his daughter's two children, his late son's three children, and his brother. George's widow was the mother of both George's children and had no other children. Under the Uniform Probate Code, how should George's $650,000 estate be distributed?

AnswerChoose the correct answer.Choose all that apply. Correct Partially correct Incorrect Don't Know

  1. A
    Correct Answer
    George's daughter and his grandchildren divide the estate equally, each taking one-sixth of the entire estate.
  2. B
    Correct Answer
    George's widow receives $350,000; his father receives $150,000; his daughter receives $150,000; each of his daughter's children receives $75,000; each of his late son's children receives $50,000; and his brother receives $150,000.
  3. C
    Correct Answer
    George's widow receives $50,000; each of his daughter's children receives $150,000; and each of his late son's children receives $100,000.
  4. D
    Correct Answer
    George's widow receives $650,000.
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