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An unmarried man dies intestate while visiting a community property state with $1,500,000 on his person in cash. He also has $100,000 in joint tenancy with right of survivorship with one of his divorced spouses. The decedent has three children from two previous marriages. The assets will be divided as follows:

a. $100,000 to surviving divorced spouse as JTWROS and the $500K to each of his three kids.
b. $100,000 to surviving spouse, $1.6MM to the oldest child.
c. $1,600,000 will be divided among the five beneficiaries.
d. All $1,600,000 will go to kids since he died in a community property state.

User Dperitch
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Final answer:

In the context of intestate succession and community property laws, the $100,000 held in joint tenancy with right of survivorship goes to the surviving divorced spouse, and the remaining $1.5 million in cash is divided equally among the three children, allocating $500,000 to each.

Step-by-step explanation:

Intestate Succession and Community Property

When an unmarried man dies intestate, or without a will, his assets are distributed according to the state's intestacy laws. In a community property state, the laws regarding what happens to the estate when someone dies intestate can be complex, particularly when the decedent has property in different forms and relationships with multiple family members.

The $100,000 in joint tenancy with right of survivorship (JTWROS) will go directly to the surviving divorced spouse. This is because JTWROS designates that upon death, the decedent’s share automatically passes to the surviving joint tenant, which in this case is the ex-spouse.

Therefore, that portion of the estate will not be subject to intestate succession laws.

The remaining $1,500,000 in cash found on his person will be subject to the intestacy laws of the community property state which do not typically consider the community property rules since the deceased is unmarried and the cash is separate property.

It will generally be divided equally among his surviving children, as they are the closest kin in the absence of a surviving spouse, so each of the three children would inherit $500,000.

Therefore, the correct distribution of the assets, considering the information given and general principles of intestate succession and JTWROS, is the first scenario: $100,000 to the surviving divorced spouse as JTWROS and the $500,000 to each of his three kids.

User Vicsz
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