Been - Fall 1999 There must be someone to whom the TEE owes a fiduciary duty, someone who can call the TEE to account. Richards - Fall 2005 REASONING: there was sufficient evid of mistaken reinstatement of Milwaukee will because of (1) the ded’s stmt to her friend that she wished her Milwaukee will to stand, (2) the inference that she did not wish to die intestate, and (3) the fact that she took no steps following the destruction of the Kankakee will to make a new will. CHAPTER 2: INTESTACY: AN ESTATE PLAN BY DEFAULT Section A: The Basic Scheme Share of the SS, Simultaneous Death, Janus v. Tarasewicz Share of descendants, negative disinheritance Shares of ancestors and collaterals, half-bloods ______________________________________________________________________________ INTRODUCTION Why do some people not make wills? P was a 21 year old college student. Shelley v. Shelley >>> Immunity from alimony and child support. **** If a subsequent will that revoked a previous will is thereafter revoked itself, the previous will remains revoked unless it is revived. Orenstein - 2008-2009 Problem is, if you retain this right, you may cause the trust to be included back into the estate for tax purposes, this would, in effect, defeat the whole purpose of the trust. Walker - Fall 2010 Arlen - Fall 2012 exceptions: One who killed while insane is not chargeable as a constructive trustee. For someone who had ADD and had trouble staying afloat in the sea of commercial bar prep, Studicata was a life saver. The deds intended to leave their property to Ps if either of the deds failed to survive the other by 30 days. Someone who is physically interdicted can still make a will. Hansmann - Fall 2003 Siegel - Spring 2004 Delayed Attestation – do everything at the same time to avoid problems. Neuborne - Fall 2009 In many states, a K to make a will must be in writing and if the promisee is not entitled to sue for specific performance, the promisee is entitled to receive the value to the decedent of services rendered. If no B is named from the start, the TEE will decipher the intent of the grantor, then set it up. However, the only persons who have standing to challenge a will are those persons who would take if the will were denied probate. Blake focused on the intent of the words “save this”. Neuborne - Spring 2011 In drafting the wills D negligently omitted to include Ps as benefs. After 21 son sued to terminate the T, pointing out that her was the sole B. An exception permits bequests to a nonrelated lawyer-drafter if the client consults an independent lawyer who attaches a “Certificate of Independent Review” which concludes that the gift is not the result of undue influence, fraud or duress. Decedent left a clause in his will stating that all of his personal belongings should be grouped together by his trustees and distributed to “such of my friends as they may”. Revocable trusts are extremely common in some states but very rare in others. >>>YES<<< REASONING: in order that it be held a deed it must convey an interest to take effect in the present, though the enjoyment rests in the future. 4 kids were the remainder Bs of a T. One of the kids, Harrell, was retarded. Lalli v Lalli >>> the Supreme Court upheld a N.Y. statute permitting inheritance by a nonmarital child from the father only if the father had married the mother; OR had been formally adjudicated to be the father during the father’s lifetime Because of these two cases most states have liberalized intestacy statutes to allow inheritance by non-marital children. Revival unless, it is evident that T did not intend the revoked part to take effect as executed. ISSUE: Whether the 2nd wife is entitled to receive an elective share when dead husband had previously contracted, by virtue of a joint will with his first wife, to will his entire estate to others? These outlines have not been reviewed by law school faculty. So why not use this equitable theory for the benefit of the residual legatee? If the T is irrevocable any income / corpus which under any circumstances could be paid to or applied for the benefit of the indiv, are considered resources of the indiv. Katz - Spring 2010 (2) suits to construe wills, attacks on certain provisions as illegal. Usually this is just asking for trouble. That’s what this court did, and it basically set up a POD acct. Carl get his intestate share: $100,000 As an omitted child, Carl can claim his intestate share of Hank's estate. The parents of the decedent argued that the bequest to the trust was invalid because the trust was invalid for lack of res (because the future expectancy had been taken away by the property settlement), therefore they should get all of the assets that would have gone into the trust because they were her intestate heirs. Protects creditors by requiring payment of debts Distributes ded’s property to those intended after all creditors are paid. After the fact reformation of a T do not count for estate tax purposes. >>>YES<<< REASONING: Constitutional argument: while the right to marry is a const protected right, there is no state action present here which would trigger DP14 or EP. A Testator’s intention must be determined by what the will actually says, not what testator might have imagined. Please note that the Student Bar Association has not checked the content of these student-authored outlines for errors and misstatements. There is authority under 3PB rules that unless the K requires survivorship by the B, the B’s rights under the K pass to the B’s heirs or devisees if the B dies before the K is performed. (Gonzales v. Superior Court) INTERDICTION Interdiction >>> someone cannot take care of themselves, the court then appoints someone to take care of all of their needs. A living, competent parent is the natural guardian of the child If both die the father is dead or unfit there has to be a court proceeding to determine who the guardian of the person will be. Harrison v. Bird >>> Decedent wrote will and lawyer kept original copy and gave copy to plaintiff. There was no intention to make a present gift of a joint interest In effect there was a present gift of a future interest subject to a reserved life estate in H and to his power to revoke his W’s interest. Golove - Fall 2009 Heirs Apparent only have a mere expectancy, not a legal interest, remember that wills can e changed at any time. These type of provisions only cause bitterness and distrust, you should avoid these at all costs. This case deals with an honorary trust, or a trust in which the trustee is on his honor to perform because the beneficiary really can’t bring suit. >>> will written in 1995, codicil in 1998. Such evid is excluded and the legacy to Wells fails. Estate tax rates start at 37.5% and go to 55%. Nielson should have been determined to be disinterested. They used the DDRR. McDermott - Spring 1995 Missing parts of the trust can be filled in by the trust code of your JD. to remedy the ‘no sufficient evidence’ problem, the UPC provides that an heir who fails to survive by 5 days is deemed to have predeceased the decedent, the USDA was amended as such in 1991 If Joint Tenants die simultaneously, ½ f the property is distributed as if A survived, the other ½ as if B had survived. yes, for purposes of inheritance back and forth Can an adopted child continue to adopt from his natural parents? Remember that equity will not serve someone with unclean hands. Some lawyers like to keep the original because it gives them the upper hand in being asked to probate it, Wisconsin thinks this is solicitation, Neilson doesn’t think it is but you should always ask, especially a new client. Therefore all of the assets poured into trust B. which was determined to be valid because the court was not concerned with the size of the T. The statute allowed an IVT with no assets.
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