Wills Flashcards
Cindy, a resident of State Z, executed a will that was entirely in her handwriting and lacked witnesses. Pursuant to State Z law, this type of will is valid. Cindy falls in love with Dean and moved to Florida, where Dean lives. When Cindy dies, the Florida courts will
not recognize her will, as it is a holographic will.
Billy had his attorney draft his will for him. Satisfied that the will accurately reflected how he wished his estate to be distributed after he died, Billy took the six-page document home and signed it. However, he inadvertently signed the document at the bottom of the fifth page, rather than at the end of the six-page instrument. Billy then asked his best friend, Chuck, and Chuck’s wife to sign the will as witnesses, after acknowledging that he had already signed it. Chuck, who was a major beneficiary under the will, signed first, in the presence of his wife and Billy. Chuck’s wife, who did not stand to inherit under the will, then signed the document in the presence of Chuck and Billy. Was Billy’s will properly executed under Florida law?
Yes, because the written will was signed by the testator and by two witnesses who signed in the presence of the testator and each other.
Mitch was in the final stages of cancer and confined to his bed. At Mitch’s request, an attorney drafted his will and brought it to him. Mitch approved the will, but since he was too weak to sign on his own, he asked his nurse to sign the will on his behalf, which she did. Mitch then asked the nurse and the attorney to sign the will as attesting witnesses. They each signed the document in the presence of Mitch and each other. The nurse and the attorney were not beneficiaries under the will. Is Mitch’s will valid under Florida law?
Yes, because it was signed by the nurse on Mitch’s behalf and by two witnesses.
Lori was a wealthy musician who had amassed a small fortune over the course of her career. Lori’s husband died years ago, and she had three children, Alan, Bill and Christie. Lori also had a granddaughter, Delilah, who was Bill’s daughter. Lori was very old-fashioned and believed that all children should receive a traditional education. When Lori learned that Bill decided to send Delilah to a progressive school, she became enraged and the two had a falling out. Lori immediately executed the following will: “I, Lori, hereby exclude my son Bill from inheriting any portion of my estate. Under no circumstances will Bill be considered by heir or beneficiary.” When Lori dies, to whom will her estate pass?
Alan, Bill and Christie.
Sandra, a Florida resident, met and married Henry. The couple had two children, Daniel and Natalie. After twelve years of marriage, Sandra and Henry divorced. Sandra married again three years later. With her new husband, Charlie, Sandra had two children, Grace and Beatrice. Daniel died intestate at the age of eighty-three, survived only by Natalie, Grace, Charlie, and Beatrice’s son, Leo. Under Florida law, how will Daniel’s estate be distributed?
One-half of Daniel’s estate will go to Natalie, one-fourth to Grace and one-fourth to Leo.
Carla died without a will. Carla had never married, and her only surviving relatives were her mother and her brother. Carla’s estate is distributed as follows:
Carla’s entire estate passes to her mother.
Hank’s will provided that his assets were to be split evenly among his wife, Jeanette, and his four siblings. Hank and Jeanette began having marital problems and eventually obtained a legal separation. Two weeks later, Hank died of a heart attack. What are Jeanette’s options as to her inheritance from Hank?
Jeanette may choose to take 30% of the elective estate, because she is eligible for the protection afforded by Florida’s elective share statute.
Richard died intestate, survived only by his widow and his two children, one from a previous marriage. Richard’s estate amounts to $65,000. How should Richard’s estate be distributed?
Richard’s widow should receive $32,500, and his two children should each receive $16,250.
Janice, a Florida resident, died at age 58, leaving a large estate but no will. Janice was survived by her husband Ron, two stepchildren (Ron’s children by another marriage), and two children she had during her first marriage. What portion of Janice’s estate will go to Ron?
Ron will receive one-half of Janice’s estate.
Roger borrowed $10,000 from his mother. At that time a note was properly executed by both Roger and his mother, as well as two witnesses, which stated that, “I lend to my son, Roger, $10,000 to be paid back over a period of five years. If I should die before repayment is complete, his debt will be charged against his interest in my estate.” Shortly thereafter, Roger’s mother died. Roger had not yet paid back any of the loan, and though the personal representative of the estate was aware of the loan, he was not aware of the note. The will provided that Roger and his brothers were to split the estate in equal shares. Which of the following is true?
The personal representative should apply Roger’s debt toward his share.
Roger borrowed $10,000 from his mother. At that time a note was properly executed by both Roger and his mother, as well as two witnesses, which stated that, “I lend to my son, Roger, $10,000 to be paid back over a period of five years. If I should die before repayment is complete, his debt will be charged against his interest in my estate.” Shortly thereafter, Roger’s mother died. Roger had not yet paid back any of the loan, and though the personal representative of the estate was aware of the loan, he was not aware of the note. The will provided that Roger and his brothers were to split the estate in equal shares. Which of the following is true?
The personal representative should apply Roger’s debt toward his share.
Alex prepares a will on behalf of Grandpa Ed, naming Alex as the beneficiary of a substantial gift. When Alex presents the will to Grandpa Ed, she tells him that the document is an agreement to renew the lease on his apartment, which Grandpa Ed signs. Grandpa Ed’s will was procured as a result of:
fraud in the factum.
Fifteen years ago, when Eve was a resident of State X, she executed and signed a handwritten will. Even though there were no witnesses to the will, it was considered a valid holographic will in State X. If Eve moved to Florida, her will would be:
invalid, because Florida will not admit a holographic will into probate.
James executes a will devising “my vintage car collection to my children, Abe and Bess.” Three years after James executes his will, James and his wife adopt a daughter named Callie. James makes no changes to his will, and dies twenty years later. Callie argues that she is entitled to a portion of James’s estate. Callie is:
correct, because she is a pretermitted child.
Benny, a widower, is the father of Abe and Jacob. Abe receives an acknowledged advance of 10,000 shares of stock in ABC Corp. during Benny’s life. At the time of the transfer of stock, it is worth one penny per share. At the time of Benny’s death, he leaves an estate of $900 in intestacy. The stock is now worth one dollar per share. Benny’s estate will be divided:
$500 to Jacob, $400 to Abe.
Paul has three sons, Al, Bill, and Chris. Paul executes a will containing the following provision only: “When I die, no portion of my estate shall pass to my son, Bill.” Pursuant to Florida law, Paul’s will is:
an invalid negative will.
Fred was involved in a serious tractor accident in which he lost one arm and paralyzed the other. The accident so scared Fred that immediately upon his release from the hospital, he decided to create a will, which left the majority of his estate to his wife, Debbie. Because he was incapable of using a pen, Fred asked Debbie to sign his name for him, which she did, at the top of the first page of the document. Debbie and Fred’s attorney, James, then signed the will as witnesses. Is Fred’s will valid under Florida law?
(A) Yes, because of the exception for holographic wills and life-threatening accidents.
(B) Yes, because Fred satisfied all the requisite formalities for Florida wills.
(C) No, because Debbie is an interested witness.
(D) No, because Debbie did not sign Fred’s name at the end of the will.
(B) Yes, because Fred satisfied all the requisite formalities for Florida wills.
Nicole’s doctor informed her that she had an inoperable brain tumor and only six months to live. Nicole, who had not executed a will, decided that it was time to draft one. On her computer, she typed up a document labeled, “My last will and testament.” In the document, she spelled out how she wanted her property to be distributed after she died. Once she was satisfied with the document, she printed it out and signed it. Then, Nicole went next door and asked her neighbor Joe to sign the document as a witness after acknowledging that she had already signed it. Because Joe’s right hand (the hand he normally wrote with) was in a cast, he signed the instrument by making an “X” with his left hand. Later that night, when Nicole’s husband, Steve, arrived home, she asked him to sign the document as the second witness, again after acknowledging that she had already signed it. Steve signed the document.
Is Nicole’s will valid under Florida law?
(A) Yes, because it was written under fear of impending death.
(B) Yes, because any mark made by or at the direction of a witness, if intended to constitute a signature, is sufficient.
(C) No, because the document was not written.
(D) No, because the witnesses did not sign the document in each other’s presence.
(D) No, because the witnesses did not sign the document in each other’s presence.
Alex prepares a will on behalf of Grandpa Ed, naming Alex as the beneficiary of a substantial gift. When Alex presents the will to Grandpa Ed, she tells him that the document is an agreement to renew the lease on his apartment, which Grandpa Ed signs. Grandpa Ed’s will was procured as a result of: (A) mistake. (B) duress. (C) fraud in the factum. (D) fraud in the inducement.
(C) fraud in the factum.
Fifteen years ago, when Eve was a resident of State X, she executed and signed a handwritten will. Even though there were no witnesses to the will, it was considered a valid holographic will in State X. If Eve moved to Florida, her will would be:
(A) valid, because it was valid in State X.
(B) valid, because Florida recognizes validly executed holographic wills.
(C) invalid, because Florida will not admit a holographic will into probate.
(D) invalid, because the will was more than 10 years old and there were no witnesses.
(C) invalid, because Florida will not admit a holographic will into probate.
John, a widower, has three children: Able, Baker, and Charlie. Able has one child, Daniel. After an argument with Daniel, Able quickly pulls out of his driveway, negligently failing to check his blind spot. John, who was standing behind the car, is struck and killed. John did not have a will. His estate will be inherited by:
(A) Baker and Charlie, split equally.
(B) Able, Baker, and Charlie, one third to each.
(C) Daniel, Baker, and Charlie, one third to each.
(D) Baker and Charlie, one third each, and Able and Daniel, one sixth each.
(B) Able, Baker, and Charlie, one third to each.?????
John, an avid collector of rare artwork, executes
a will devising a rare work by Da Vinci from his
collection to his favorite college professor, Dr.
Smith. John makes this gift because Dr. Smith is
an expert in Renaissance artwork. John purchased the painting for $2.5 million, but the painting is appraised as having a value of $3 million. Shortly before John dies, the painting is destroyed in a fire. When John dies, Dr. Smith will likely take:
(A) nothing, since he is not related to John.
(B) nothing, since the painting was destroyed.
(C) $3 million from John’s estate.
(D) $2.5 million from John’s estate.
(B) nothing, since the painting was destroyed.
Harry executes a will in 2006 that provides, among other things, “I give 10,000 to my sister Alice.”
Alice dies in 2007 and is survived by her husband
and 2 children. Alice executed a will that leaves all
of her estate to her husband. Harry dies in 2012.
Who gets the $10,000?
(A) The state school fund.
(B) The children of Alice
(C) Husband.
(D) Husband ½, children of Alice ½.
(B) The children of Alice
Lynne, a wealthy businesswoman, properly prepared and executed a will devising her ranch and her horses to her nephew Luke, and the residue of her estate to her maid, Joyce. Luke, a professional rodeo competitor, subsequently died when he was thrown from a horse during a competition. He was survived only by his three-year-old daughter. The night of Luke’s accident, Lynne coincidentally mentioned to Joyce that if Luke died before Lynne, Lynne wanted her entire estate to go to Joyce. Lynne died in her sleep one week later.
How should Lynne’s estate be distributed?
(A) The ranch and the horses should go to Luke’s daughter and the residue of the estate to Joyce, because Florida’s anti-lapse statute protects the gift to Luke
(B) The ranch should go to Luke’s daughter and the residue of the estate to Joyce, because Florida’s anti-lapse statute protects only devises of real property.
(C) The entire estate should go to Joyce as the devisee of the residuary estate, because the anti-lapse statute does not protect gifts to individuals other than lineal descendants of the decedent.
(D) The entire estate should go to Joyce, because Lynne’s intentions, if proven, will be honored to the extent possible by the court.
(A) The ranch and the horses should go to Luke’s daughter and the residue of the estate to Joyce, because Florida’s anti-lapse statute protects the gift to Luke
