Essay formation

Question 1

Will formalities?

Answer 1

Under the statute , will formalities must be met for a will to be validly executed. Includes a writing, signature of the testator and at least two witnesses. Here, —-

Question 2

When is it invalid?

Answer 2

Under the common law, Testator’s will would be invalid because one of the witnesses was an interested witness (i.e., a witness to whom a bequest was made under the will).

Question 3

Start essay with governing law regarding real property..

Answer 3

The law of the state where the real property is located governs the disposition of real property.

Question 4

Once its determined which state law controls

Answer 4

Each state’s statutes must be consulted to determine the validity of decedent’s will and, if the will is invalid, the rules governing intestate succession will apply

Question 5

Personal property is governed by….

Answer 5

The law of the state in which the decedent was domiciled at his death governs the
disposition of personal property.

Question 6

Consider whether the holographic will is invalid by statute…

Answer 6

Holographic wills are permitted, unless statute expressly requires the testator to have signed the holograph at the end…

Question 7

what happens if the will is invalid?

Answer 7

if will is invalid property will pass by intestate succession (passing to your “surviving children”)

Question 8

Who are surviving children..

Answer 8

At common law, only blood relations could inherit from an intestate decedent.

Question 9

Adopted children inheritance (argue that it could go either way)

Answer 9

Absence statute, a court might conclude that the legislature intended to give adopted children the same rights as biological children, it would have said so; alternatively,
it might conclude, based on general nondiscrimination goals, that the legislature must have intended to give adopted children the same rights as biological children.

Question 10

Non-martial children (Do they inherit?

Answer 10

Under the common law, a nonmarital child could not inherit from either parent. Today, all states
grant nonmarital children the right to inherit from their mothers and to inherit from their fathers
when at least one statutorily defined method of establishing paternity has been satisfied.

Question 11

Final rule on non-martial children

Answer 11

The Supreme Court has held that a statute disallowing
inheritance by a nonmarital child from her father when the father’s paternity has been
adjudicated during his lifetime is unconstitutional.