Trust & Estates Class Notes Chapter 1 Tuesday, January 22, 2019 Ford v. Ford (Maryland 1986) UPC Section 2-803: Effect of Homicide on Intestate Succession, Wills, Trusts, Joint Assets, Life Insurance, and Beneficiary designations. (Page 20) Section 2-803 (b) Forfeiture of Statutory Benefits Intestate estate, felonious murder, treat you like you disclaimed your right Section 2-803(g) Felonious and Intentional Killing; How Determined This section applies to the Ford case, but isn’t helpful The Role of the Attorney is Trust & Estates (Estate Planning) What do estate panning lawyers do during client’s life? o Counseling (Personal matters, tax matters) o Create the plan (Draft documents: Wills, Trusts, Powers of Attorney, etc.) o Effectuate the plan (Execute documents) o Update the plan (accommodate changes in your clients wants, or new laws) What do attorneys do after a client dies? o Counseling (advise the family) o Probate (Advise Executor/ Administrator, File all required documents, Assist in transferring assets) Hotz v. Minyard (S. Carolina 1991) Morning Will Afternoon Will Greenville dealership to son, $250,000 general bequests, balance in trust for wife for life, remainder to children in equal shares (Tommy’s outright, Judy’s in trust) Judy previously named successor to Anderson dealership. Greenville land to Tommy, Greenville dealership to Tommy, otherwise the same From the beginning there was a significant favoring for Tommy. Tommy’s shares were given to him outright, while Judy’s was in a trust. Codicil : An addition to the will
1.What was the daughter’s (Judy) underlying claim? Why did the trial court rant summary judgment against her? 3.What should Dobson have done:1.When the father asked to execute the 2ndwill?
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