PROBLEMS 1. Consider whether it is likely that 102 applies in the follow circumstances: (a)...

 

Transcribed Image Text:

PROBLEMS 1. Consider whether it is likely that § 102 applies in the follow circumstances: (a) Father leaves Daughter $20,000 in his will. (b) Father dies intestate and Daughter receives $20,000 worth of real estate as his heir. (c) Father leaves several family members out of his will and Daughter and others attack the will. As a result of a settlement of the controversy Daughter receives $20,000. (d) Father leaves Daughter $20,000 in his will stating that the amount is in appreciation of Daughter's long and devoted service to him. (e) Father leaves Daughter $20,000 pursuant to a written agreement under which Daughter agreed to care for Father in his declining years. CHAPTER 3 THE EXCLUSION OF GIFTS AND INHERITANCES (f) Same agreement as in (e), above, except that Father died intestate and Daughter successfully enforced her $20,000 claim under the agreement against the estate. (g) Same as (f), above, except that Daughter settles her $20,000 claim for a $10,000 payment. (h) Father appointed Daughter executrix of his estate and Father's will provided Daughter was to receive $20,000 for services as executrix. (i) Father appointed Daughter executrix of his estate and made a $20,000 bequest to her in lieu of all compensation or commissions to which she would otherwise be entitled as executrix. 2. Boyfriend who has a "mental problem" with marriage agrees with Taxpayer that he will leave her "everything" at his death in return for her staying with him without marriage. She does, he doesn't, she sues his estate on a theory of quantum meruit and settles her claim. Is her settlement excludable under § 102? 3. If the Wolder case arose today, would § 102(c) apply to resolve the issue? PROBLEMS 1. Consider whether it is likely that § 102 applies in the follow circumstances: (a) Father leaves Daughter $20,000 in his will. (b) Father dies intestate and Daughter receives $20,000 worth of real estate as his heir. (c) Father leaves several family members out of his will and Daughter and others attack the will. As a result of a settlement of the controversy Daughter receives $20,000. (d) Father leaves Daughter $20,000 in his will stating that the amount is in appreciation of Daughter's long and devoted service to him. (e) Father leaves Daughter $20,000 pursuant to a written agreement under which Daughter agreed to care for Father in his declining years. CHAPTER 3 THE EXCLUSION OF GIFTS AND INHERITANCES (f) Same agreement as in (e), above, except that Father died intestate and Daughter successfully enforced her $20,000 claim under the agreement against the estate. (g) Same as (f), above, except that Daughter settles her $20,000 claim for a $10,000 payment. (h) Father appointed Daughter executrix of his estate and Father's will provided Daughter was to receive $20,000 for services as executrix. (i) Father appointed Daughter executrix of his estate and made a $20,000 bequest to her in lieu of all compensation or commissions to which she would otherwise be entitled as executrix. 2. Boyfriend who has a "mental problem" with marriage agrees with Taxpayer that he will leave her "everything" at his death in return for her staying with him without marriage. She does, he doesn't, she sues his estate on a theory of quantum meruit and settles her claim. Is her settlement excludable under § 102? 3. If the Wolder case arose today, would § 102(c) apply to resolve the issue?

Answer rating: 100% (QA)

1 Consider whether it is likely that 102 applies in the following circumstances a Father leaves Daug... View the full answer