- Expressly provide that a posthumously conceived child is included in a class gift in a trust 3rd or will of a party (someone other than the predeceased donor parent) if
- 1. The predeceased parent authorized the posthumous use of genetic material in a signed writing, or clear and convincing evidence of consent
- 2. Child is living on the distribution date or is in utero within 36 months of or is born within 45 months of the distribution date
- 7. Surrogacy
- a. Occurs where a married couple contracts with a woman to bear a child for them, and woman agrees the child will be the couple’s
- b. UPC §2-121: Surrogate mother has no rights in the child unless the surrogate mother is the genetic mother and no one else has a P-C relationship with the child

### Shares of Ancestors and Remote Collaterals

- 1. Introduction
- a. When a decedent dies intestate, their property is distributed first to their immediate family
- The decedent, the decedent’s spouse, and the decedent’s issue
- b. If there is no surviving spouse or issue, the property flows “up” to the decedent’s ancestors and collateral relatives (all of the decedent’s other relatives)
- 1st line collateral: Decedent’s parents and their other issue (brothers and sisters)
- 2nd line collateral: Decedent’s grandparents and their other issue (other than decedent’s own parents – uncles, aunts, etc…)
- Continues 4th, 5th Continues 4th, 5th so on and so forth for line collaterals
- c. There are 3 approaches to “flow up” to ancestors and remote collaterals
- 2. Parantelic Approach
- a. Intestate (no will) scheme that starts with the descendant’s immediate family and them moves out along collateral lines
- Starts with the closer lines and then moves to the more remote
- b. Keeps going out by collateral lines until there is a line in which there is a live taker
- Property is then distributed to the decedent’s relatives in that parentelic line
- In distributing property, per stirpes, per capita, or per capita at each generation approaches apply, depending on jurisdiction
- 3. Degree of Relationship Approach
- a. Focuses on the degree of relationship between the decedent and claiming relative, regardless of which parentelic line the taker is in
- Simply count the degrees of relationship between the decedent and the relative
- Those relatives of the closest degree can take the decedent’s property, and those with a more remote relationship are excluded
- b. To determine degree of relationship count from the decedent up to the closest common ancestor (head of a parentelic line – grandparent, great-grand parent, and son on), and then down to the live relative
- 4. Degree of Relationship with a Parentelic Tiebreaker Approach
- a. First step is to determine the degree of relationship of the possible takers
- Those of a closer degree take to the exclusion of those of a more remote degree
- b. If there are multiple takers sharing the lowest degree of relationship, those in the closer parentelic/collateral lines can take a stake in decedent’s intestate property
- Those in the more remote collateral lines are excluded
- Ex. If A and B are separated by 5 degrees, but A is in the GGP’s line and B is in the GGGP’s line, A gets share and B is excluded