Marla Marrier died survived by her husband Norman and by their daughter Olive

Marla marrier died survived by her husband norman and

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2.Marla Marrier died survived by her husband, Norman, and by their daughter, Olive. Marla died with a $400,000 estate. On the following facts, how much of Marla’s estate would Norman be entitled to in (a) Wyoming or (b) Under the UPC? (a) Neither Marla nor Norman had any children other than Olive [Spouse and one child]
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Professor Sterk TRUST AND ESTATES OUTLINE Balsam o Wyoming : Spouse gets ½ [$200K] and child gets half [$200K] = $ 200K to Norman and $200K to Olive o UPC : All $400K to spouse (2-102(1)(ii)) o NY EPTL : First $50K goes to surviving spouse, balance [$350K] split between surviving spouse and children = $225K to Norman and $175K to Olive Note: The problem with making direct distributions to minor children is that they can’t make these decisions themselves so you would end up having to appoint a guardian, who would likely be the surviving parent, so it creates unnecessary chaos (b) Marla had a son, Peter, by a prior marriage; Norman had no children other than Olive. [ Decedent had a child from prior marriage, surviving spouse has no other children] o Wyoming : ½ to surviving spouse [$200K] and the children split other half [$100K to Peter; $100K to Olive] = $200K to Norman and $100K each for Peter and Olive o UPC : 2-102(4): Surviving spouse gets first $150K plus one half of any balance [$125K] if one or more of the decedent’s surviving descendants are not descendants of the surviving spouse = $275K to Norman and $62.5K each for Peter and Olive o NY 4-1.1(a) : Surviving spouse gets first $50K plus half balance [$175K], split [$175K] the other half between other two children = $225K to Norman and $82.5K each for Peter and Olive (c) Norman had a son, Quentin, by a prior marriage; Marla had no other children other than Olive. [ Surviving spouse had another child from previous marriage. Decedent had no other children other than one with the surviving spouse] o Wyoming : Split between surviving spouse and child of Marla (decedent) ONLY Blood only = $200K to Norman and $200K to Olive; $0 to Quentin o UPC ( 2-103(3), 2-103(1) ): Surviving spouse gets $225K plus one half of any balance of the estate [$87.5K] —step-kids don’t get anything = $312.5K to Norman and $87.5 to Olive; $0 to Quentin o NY EPTL : Norman gets 50K plus half [$175K], child (Olive) gets half [$175K]—step- kids don’t get anything = $225K to Norman and $175K to Olive; $0 to Quentin (d) Norman had a son, Quentin, by a prior marriage and Marla had a son, Peter, by a prior marriage and they had Olive together. [Both had prior kids and had one kid of the marriage] o Wyoming : Surviving spouse gets half [$200K], descendants split remaining half [$200K] = $200K to Norman and $100K each to Olive and Peter, $0 to Quentin o UPC : Spouse takes first $150K plus half [$125K], descendants take other half [$125K] = $275K to Norman and $62.5K each to Olive and Peter; $0 to Quentin o NY : Spouse takes first $50K plus remaining half [$175K] and descendants take other half [$175K] = $225K to Norman, and $82.5K each to Olive and Peter; $0 to Quentin D. Dissolution of Marriage Issues Intestate succession statutes generally assume that if parties to a marriage are not divorced, they continue to enjoy an amicable relationship BUT this can create problems Rule of Law.
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