Now, unless will provides for gift to lapse, a gift from A(B is read as one to B and if he is dead then to his heirs by representation. There are 3 systems: 1. Free to have 2 lines of inheritance TX. – trend is to limit Claflin doctrine, though. Tax reasons, disclaim $1 million to your kids, so they don’t get taxed on it twice. Inducements to Divorce: Near universally Struck Down, Unless: Economic Motive for support of woman in case of divorce. Most states have slayer statutes to keep courts from having to jump through equitable hoops to keep murderer from inheriting under intestate succession. 2. Social cost: esp. The whole idea is that where a decedent’s heir is not living, that heir’s descendants take in his stead. Court held the will invalid. (Not a POA because not an optional power (the trustees don’t have the option not to distribute) but a “power coupled with a trust.” Therefore, it’s a fiduciary duty and not a nonfiduciary POA.) Trusts Wills Outline Trusts Wills Outline 04 Dec, 2017 Article, Free Essays, Letter, Outline 0 Trusts & Wills Professor Gingis Spring 2011 University of South Dakota School of Law Dukenminier & Johanson, 6th Ed. Here contract law applies over the law of wills. Where you had a premarital will, and can disinherit your wife, it will not be followed save if you specify in it that you intend it to continue after a marriage. b. Dispensing Power – Can cure lots of errors but not the lack of a signature. Witness cannot complete the signature without direction from the testator. NOTE: issue of how to interpret “Per Stirpes” with nothing more in a WILL comes out differently, default is generally English PS. Only 12 states. If one is not named, the court will appoint one from among the relatives. Most courts require clear & convincing evidence that the contract existed. Note: Inheritance in the Soviet Union 9. 2. The court held that while such payment was required, the disclaimer was valid because Letich was not incompetent. Probate Courts Jurisdiction Domiciliary: jurisdiction of probate court in which D lived and died. UPC 2-507 – A will is revoked by subsequent will that revokes it, or by an act on the original will, such as burning it. In the UK and a couple states, the revocation of a prior will is also invalid when the later will is revoked (so an earlier will can be revived this way. ) Insane Delusion (p165) In re Honigman – Guy was obsessed with suspicion that his wife was cheating on him. 4. When probate is opened, those in a will must be notified, and also those who would take if the will was invalid. Traditionally they had to be entirely in the testator’s writing (voiding will forms) but now need only be the substantive parts in handwriting, (so will forms are ok). Safeguarding a Will – Best to let the testator keep it, don’t save it in your office. Then dad dies…how is this to be treated? Have you read it and do you understand it? Supervising the Representative’s Actions In many states the actions of the Rep are supervised by the courts. Here: With tangible property other than money, you can have an outside document modified after the will that changes the disposal of such items. Is this your will? Judicial approval is required to relieve Rep of liability unless statute or time limits protect him. 209-210 5. Husband re-maried after his wife died. A few still hold that when the one party is dead, nobody else can sue, due to lack of privity. goes to ALL of the DECEDENT’S descendants. Wills, Trusts, and Probate Week CD of Wills, Trusts, and Probate Week CD There are different methods of e valuation which provides information regarding the value of a … (A loan would be an asset of the estate. ) This is also the general presumption for nonmaritals and all other adopted children down the line, except If T is the one who adopted the children, then class gifts will be interpreted to include those adopted children. You can have intestacy even when you have a will, where stuff isn’t covered correctly. In Re; Kaufmann’s Will – Gay dude with a large inheritance and stock in the family jewelry store chain moves from Washington to NY. Common Law presumption was that any large sum of cash was an advancement. It should be specifically referred to. is opened what type of account it is and whether there are survivorship rights A&B both have lifetime rights to withdraw money and survivorship rights B has legal power to withdraw funds on A’s behalf but no survivorship rights Convenience/agency account (often w/ old/sick people) P.O.D. Sometimes its easier to inherit from a father who disputes paternity than one who openly admits it (but doesn’t get a court order).
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