probate v non probate
currency totaling $8,301 found in a vintage cookie jar in the decedents kitchen is what
probate property
modern per stripes: Decedent has 3 kids: Alice (alive), Ben (dead; survived by 2 kids C1, C2), and Cara (dead; survived by 1 kids; C3). Estate is worth $120,000, how much does everyone get?
Alice= $40,000
C1 and C2= $20,000 each
C3= $40,000
Son moves into elderly mothers house and isolates her from everyone
Presumed undue influence
Tara executes will 1 leaving her estate to her bro. 2 years later she executes will 2 which states "I revoke all prior wills". Will 2 leaves everything to her friend Maya. Later she destroys will 2. Who receives her estate?
brother (will 1) bc will 2 expressly revoked will 1 but when will 2 was destroyed the court may apply revival or dependent relative revocation depending on intent.
will says" I leave my Tesla to my daughter". before death Tesla is sold and testator buys a BMW. At death the estate still has the BMW. Who receives what?
daughter gets nothing. ademption by extinction
A single family home worth $165,000 with a deed that reads "Ava and Ben" where Ava is the decedent and Ben is Ava's surviving spouse
probate
Strict per stirpes: estate worth $90,000. 3 kids: Amy (dead but 2 kids B1 &B2), Brock (1 kid, B3) and Cara (dead, 2 kids B4 and B5). How much does each person get?
B1 and B2 get 15k each, B3 gets 30k, B4 and B5 get 15k each
testator knows they are signing the will, but is misled about the facts that cause them to make the gift
fraud in the inducement
Leo writes a valid will leaving his house to his son. Later he pees and burns on the original will saying "I don't want this anymore". Leo dies without creating another will. What happens?
the will is revoked so he dies intestate
will states "I leave 200k to my bro". Bro dies before testator and has 2 kids. The state does not apply anti-lapse to siblings. Who receives the 200k?
gift lapses, the 200k goes to the residuary beneficiary, or if none exists, passes through intestacy
Retirement account proceeds totaling $384,000 w the beneficiary designation reading "my estate" and the decedent was survived by a wife and 5 descendants
probate
Per Capita: Estate $120,000. 3 kids, Ava (alive), Ben (dead; 2 kids C1 & C2), Cedric (dead; 1 kid C3) how much does each person get?
Ava- 40k, C1= $26,666, C2=$26,666, C3= $26,666
a testator becomes convinced that his son is an alien sent to spy on him, despite overwhelming evidence that is false. he removes the son from his will
insane delusion
will 1 leaves everything to Anna. the testator tears up will 1 writing will 2 leaving everything to Brian. Later it is discovered that will 2 is invalid bc it lacked witnesses. Who inherits?
Dependent relative revocation; Anna
estate= 150k. Will states 50k to friend, 70k to sis, my car to my son worth 40k. who gets what?
friend and is gifts are general so they abate proportionally, and the car is specific gift so the son gets to keep it.
A savings account with $29,000 that was originally opened by the dependent Deva and Devas mom Miriam when Deva got her 1st job with title reading "Deva and Miriam, jointly" but Miriam has never deposited or withdrawn any funds
non probate
Per capita: estate $90,000. 3 kids: Ari (dead- 2 kids D1 &D2), Brock (dead- 2 kids D3 & D4), and Cliff (dead- 2 kids, D5 and D6). How much does everyone get?
all D's get 18k each
if you don't leave me money in your will, I will stop taking care of you and leave you alone
duress
Will 1 "I leave my entire estate to my sis". Later will 2 states "I leave my entire estate to my friend, margo". Will 2 doesn't mention revocation. Which will controls?
will 2 bc implied revocation (complete)
will states "I leave my house to my daughter". the house has a 100k mortgage. Estate contains 200k cash. Does the estate pay the mortgage?
modern rule:no. liens are not automatically exonerated, so daughter receives the house subject to the mortgage unless will says otherwise
An art collection consisting of 10 works of art collectively valued at $705,00 that the decedent properly transferred into a revocable trust 2 months before the decedents death is
non probate
Per Capita: estate $200,000: 4 kids; Ari (alive), Blane (dead- 2 kids E1 & E2), Clank (dead; 1 kid E3) and Doug (alive). How much does everyone get?
Ari= $50k, Doug= $50k, E1,E2 and E3 all get $33,333
A nephew intentionally prevents the testator from signing a new will that would have left the estate to the testator’s daughter by lying to the testator and destroying the drafted will, causing the daughter to lose her expected inheritance a
tortious interference
a valid will was last known to be in the testators possession. After death, it cannot be found. The testators nephew claims the will left him everything. What is presumed?
the will was revoked.
estate=500k. will states "my beach house to my son (worth 300k), 200k to my daughter, remainder to charity. Before death, beach house sold, son survives, daughter dies leaving 2 kids. who gets what?
Beach house (ademption by extinction) so son gets nothing. Daughters gift (anti lapse) so her kids split the 200k. remaining estate- residuary to charity