Exam 31: Wills, advanced Directives, and Trusts

Homer is physically unable to sign his will.While he is heavily sedated and sleeping on a few feet away,Jane signs the will for him in the presence of a few friends.The next morning,Homer passes away.Jane wants to probate the will because she is the sole beneficiary.The will is valid.

The Classic Case,Windsor v.United States (2013),involved the constitutionality of the Defense of Marriage Act (DOMA).

Morgan,a resident of New York,had an antique car collection garaged in New Jersey.The car titles were kept in a safety deposit box of a bank in Delaware.If Morgan dies intestate,the law of which state will determine the ownership of the cars?

A nonprofit organization,Save the Tigers,wants to contest Anna's will,since she promised to leave property to them at the annual Charity Banquet.Save the Tigers has:

The Opening Case of Winkfield v.Children's Hospital and Research Center involved the question under the Free Exercise Clause of the First Amendment.

Mathew made his will,leaving his estate to his only son,Andrew.Two years later,he felt inclined to leave $100,000 toward a new old age home under construction in his locality.Mathew may make this bequest:

Ruby's husband Caleb dies with title to the family home in his name.Caleb's creditors want to force the sale of the home to satisfy the unpaid debts.May Ruby prevent this sale?

At the time of the execution of her will,there was a question as to whether Juanita was suffering from Alzheimer's.Some of her friends said yes,some said no.Juanita's son Jose had observed his mother's failing health and mental illness over a the last few years.He once remarked to his wife that when he visited his mom,she asked him who he was when he was sitting next to her.A few minutes later,she was hugging him and conversing about all the memories they had when they lived in the 'old country.' Juanita created a holographic as her own will and no one contested it.When the matter went before the probate judge,he disallowed the will saying,"The testatrix did not have a sound mind and memory when she was writing her will." Therefore,he ruled her will was invalid.The judge is correct.

Nuncupative wills are only used to bequest real property.

John liked the language of his grandfather's will and made a copy of it,and handwrote in some changes to names and dates and signed this copy in the presence of witnesses.Discuss if John's will is valid.

Amos was divorced and dying in Mercy Hospital when he executed his will in the presence of his mother,daughter and two nurses,all of whom signed as witnesses.The will left all of Amos's property to his mother and daughter and left nothing to Amos's son.The son challenged the validity of Amos's will.Discuss the legal issues.

Chandra is an invalid and,therefore,she cannot put her signature on her will.Her friend Nina signs the will for her.When Nina signs on behalf of Chandra,there is no one else in the house.Is the will valid?

Every will must be in writing to be valid and enforceable.

In states that have not adopted the Uniform Probate Code,the person named in a will to carry out the terms in it is called a(n):

Colleen disinherited her husband Glen and left her entire estate to her church.Glen desires to challenge this distribution.Discuss Glen's likely success.

If a person dies without a valid will,they are said to have died testate.

In 1990,in the case known as ________,the United States Supreme Court ruled that the right to die was guaranteed by the due process clause of the United States Constitution.

Charles creates a revocable living trust.What are the typical advantages of creating a revocable living trust?

All probate rules are determined by Uniform Probate Code.

Gracie was a single mother of ten children,three of whom were adopted,and two of whom were stepchildren.One day,Gracie was struck by a car and killed.She died intestate.Will all her children inherit from her? Explain.