In April 2004, Ann Aldrich wrote her will on an E-Z Legal Form. In Article III, entitled

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In April 2004, Ann Aldrich wrote her will on an “E-Z Legal Form.” In Article III, entitled “Bequests,” Aldrich handwrote instructions stating that all of her listed possessions were to go to her sister Mary Jane Eaton. The list included Aldrich’s house and contents, three bank accounts, an IRA, a life insurance policy, and an automobile. Aldrich also wrote that if her sister predeceased her, then all such property was devised to her brother James Aldrich. The will contained no other distributive provisions. Mary Jane predeceased Ann in May 2007. Mary Jane’s will left cash and land to Ann. Ann opened a new bank account for the cash. Ann died in October 2009 without having revised her will to account for the new bank account and land she inherited from Mary Jane. James claimed the new bank account and land upon Ann’s death. However, Mary Jane’s daughters (James’s nieces) also claimed the new bank account and land. The nieces claimed that these assets passed to them as Ann’s will did not contain a residuary clause stating that any other property in Ann’s estate other than that listed under “Bequests” was to be inherited by James. The nieces claimed that the new bank account and land passed to them through intestate succession as Mary Jane’s most direct relatives. James filed a lawsuit requesting that the court determine who was entitled to the new bank account and land. How should the court decide this case? What was Ann’s intent with respect to the disposition of her estate? Did she make this intent clear in her will? What are the dangers of using preprinted forms without legal assistance?

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Dynamic Business Law

ISBN: 9781260733976

6th Edition

Authors: Nancy Kubasek, M. Neil Browne, Daniel Herron, Lucien Dhooge, Linda Barkacs

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