Exam 31: Wills, advanced Directives, and Trusts

With the exception of a holographic will,a will must be in writing,signed by the testator,and attested to in the testator's presence by the number of witnesses established by state law.

Whitney signs her will and then realizes that she needs witnesses.She finds two friends,tells them the signature is hers and the two friends sign the document.Discuss if this method is valid.

A trust that is created by a will is called a(n):

Carl has his lawyer prepare his will.Wanting to make a few minor changes,Carl places some handwritten words in the margins,initials them,and scratches out words in the typed text.Carl's changes:

Forty-year-old Kelsey,a homeowner with a wife and two children,made out his will the day he was institutionalized for alcohol abuse.When he drew up the will,Kelsey was experiencing severe withdrawal symptoms,including impaired memory,insomnia,and tremors.Describe how a court would evaluate whether Kelsey was of sound mind when he made out his will.

A durable power of attorney is a document authorizing another person to act on one's behalf in the event of one's incapacity,or to become effective if one is incapacitated.

Lucy's stepfather,Zed,passed away intestate when she was 19.Zed had never adopted Lucy,but they were much closer than most fathers and daughters.As a stepdaughter:

Dai executes a will and provides copies to all her children.Later,she prepares a different will and destroys the first original will,but not the copies.Has the original will been canceled?

Pepe dies without a will leaving a brother,a cousin,and an uncle as his only surviving relatives.Who is the "next of kin"?

Brad and Sally,a married couple,died at the same time in a tornado in a state that has adopted the Uniform Simultaneous Death Act.Brad's will left his property to Sally and then to his children if she were to die before him.Sally's will left her property to Brad and then to charity.Discuss the distribution of their property.

Joseph and Susan are shareholders in a closely held corporation.If nothing was written about this,when Susan dies,all the corporate property will go to Joseph.

Trudy had been a constant companion of Gertrude.When Gertrude died,she left Trudy $10,000 in her will.On what basis might other heirs best attempt to challenge the $10,000 gift?

Rose,who is 83 years old and on a fixed income,tells Gina,her attorney daughter,"I need to go see an attorney and do-up a will,but I don't have the money." Gina says,"Oh,in this state you can create a valid will as long as it's all in your own handwriting." If Rose decides to take her daughter's advice,she will have created a holographic will.

Any person who has the last name of the testator is allowed to contest a will.

Tom and Megan die in a plane crash.After their marriage,they had been jointly holding property.What happens to their property?

While in combat,a soldier,in front of four witnesses,made an oral will in which he distributed personal property.Such a will was:

If Tano dies without a will,he dies:

If Allan is a witness to his wife Cindy's will,Allan will be able to inherit under Cindy's will-unless there are other witnesses.

Teresa is concerned that her children will waste their inheritance and owe many creditors who will take any unspent inheritance.Discuss how Teresa may allow the children to inherit and yet prevent her fears from becoming reality.

A will must be typewritten and must be under seal.