Law of Wills, 2016A

Uniform Probate Code § 2-102. Share of 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 [$200,000], 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 [$150,000], 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 [$100,000], 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.
Problems
1. Loretta was married for twelve years to Milton. Loretta and Milton had two children together,
Maggie and Rod. After Loretta divorced Milton, she married Frank. Loretta and Frank had three
children together, Tabitha, Jennifer and Reba. Frank also had a child, Casper, from his prior
marriage. Loretta died survived by Frank, Loretta, Milton, Tabitha, Jennifer and Reba. Loretta left an
estate worth $650,000. Under the UPC, what portion of Loretta’s estate does Frank get?
2. Woodrow was married to Paige. Woodrow and Paige did not have any children together. Paige
had one child, Bessie from a previous relationship. Woodrow had five children, George, Andrew,
John, Quincy, and Franklin, from his prior marriage. All five of Woodrow’s children and his parents
predeceased him. Woodrow died intestate survived by two grandchildren, Ronald and Bryon, Bessie
and Paige. Woodrow’s probate estate was worth $950,000. Under the UPC, what portion of
Woodrow’s estate does Paige get?
3. Bennett was married to Pauline. Bennett and Pauline had six children, Clara, Bella, Steve, London,
Michael, and Cody. All six of Bennett’s children predeceased him. Bennett died intestate survived by
Pauline and his mother, Elizabeth. Bennett’s probate estate was worth $500,000. Under the UPC,
what portion of Bennett’s estate does Pauline get?
4. Sandra was married to Rosie. Sandra and Rosie adopted two children, Oliver and Grey. Sandra
had two children, Nina and Simon, from a prior relationship. Rosie had two children, Bruce and
Shelia, from her previous marriage. Sandra died intestate survived by Rosie, Oliver, Grey, Nina, and
Simon’s daughter, April. She was also survived by Rosie’s two children Bruce and Shelia. Sandra’s
probate estate was worth $435,000. Under the UPC, what portion of Sandra’s estate goes to Rosie?
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