Question
The statute of descent and distribution of the State of Y is as follows: If a person dies intestate, his real and personal property, if
"The statute of descent and distribution of the State of Y is as follows: If a person dies intestate, his real and personal property, if any, shall pass as follows: (a) If there is no surviving spouse, to the children of the intestate or their lineal descendants, per stirpes. (b) If there is a spouse and one or more children or their lineal descendants surviving, the first $60,000 to the spouse, plus one-half of the remainder to the spouse, and the balance to the children equally or to their lineal descendants, per stirpes. (c) If there are no children or their lineal descendants, the whole to the surviving spouse. (d) If there is no spouse and no children or their lineal descendants surviving, to the parents of the intestate equally or to the surviving parent. (e) If there is no spouse, no children or their lineal descendants and no parent surviving, to the brothers and sisters equally or their lineal descendants, per stirpes. (f) If there is no spouse, no children or their lineal descendants, no parents and no siblings surviving, to the next of kin. (g) If there is no next of kin, escheat to the state. Answer the following hypothetical questions based on this statute. (a) Graham dies, leaving a valid will that bequeaths his entire estate to his sister-in-law, Ruth. He is survived by Ruth and by his mother, his grandson, and his brother. What is the result under the statute? (b) Willis died intestate and is survived by his wealthy wife, Angela; his poverty-stricken mother, Rose; and his deserving second cousin, Ned. How will the estate be distributed? (c) Susan died intestate, survived by her son, Jack, and three grandsons, Dennis, Randy, and Rob. Dennis and Randy are the sons of Susan's deceased oldest son, David, and Rob is the only child of Susan's deceased daughter, Cheryl. How will the estate be divided? (d) Rebecca died intestate, survived by her husband, Gus; her father, Bruce; her daughter, Nancy; and her grandchildren, Chuck and Jill, the children of her deceased son, Rick. The net probate estate is $50,000. How will it be divided?"
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