Assignment 11.3 p. 423 (p. 372—6th Edition)
In the following situations identify the problem
with the current will explain how it should be corrected.
1. Marie is seriously ill. She executes a will and leaves her estate to "my two children." She has never been married. In the will she made who she made no mention of the other two children for whom she was legal guardian and of whom she had legal custody but did not formally adopt. The parental rights of the unmentioned children were terminated when these children were in their early teens, Marie raised and provided for all four until they reached adulthood a few years before her death. During her lifetime she always referred to all four as her "children," making no distinction between those for whom she was legal guardian and those who she adopted.
2. On April 1, John executes a will leaving his entire estate to his wife. John is under the presumption that his divorce from his first wife, Janie, was finalized in early February based on a message from his attorney stating that the final documents would be filed, and John would be a "free man no after than Valentine's Day." On March 1, John marries Kyrande. On March 3, John inhales toxic fumes at work; he slips into a coma and dies on March 20. Unbeknownst John, his attorney did not file the documents to finalize his divorce from Janine until March5.
3. Madeline and George marry when both are in their sixties. They agree to leave their respective estates entirely to their children from previous marriages and nothing to each other. They each execute a will to that effect. A year later Madeline dies George immediately seeks a statutory election to inherit one-half of her estate as a spouse.
4. Mike is 38. He has never legally married. He given a very grim diagnosis. In a short time, he becomes bedfast. On his laptop computer, he types out a will in his own words. He has no legal training or education. In this document Mike leaves everything he owns to his life partner, Walter. He specifically states that he wants some none of his assets to go to any living blood relative. Mike signs and dates the document on each page. He asks Walter to take it next door to the neighbors and ask them to sign the documents as witnesses. Walter returns with the witness line signed by the neighbors.
5. Gus was 21 years old. He recently inherited $100,000 and used the money to purchase a townhouse. At the same time, he executed a will leaving his entire estate to his parents. Two weeks after he closed on the property, he met Tara. Two days later, he and Tara flew to Las Vegas and got married. Before he left for Las Vegas, Gus called and attorney, informed the attorney of his plans to marry, and asked that the will be changed to grant 75 percent to Tara and 25 percent to his parents. Gus made an appointment to sign the new will at 8:00am on the morning following his return form Las Vegas. Gus was killed in an accident on the way home from the airport. Tara survived.
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