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.
