Darrell, a wealthy art collector, was admitted to the hospital with a serious illness. He was given only a 10% chance of survival by his doctors. Having never made a will, and fearing death was near, Darrell summoned his favorite nephew, Nick, to his bedside, where he told him “I’m dying...I’d like you to have all of the paintings that are in my house. Go and take them.” Nick did as he was told. Remarkably, Darrell beat the odds and made a full recovery. Darrell, now back at home, would like to have the paintings back. Nick is resistant to this, thinking the paintings to be a gift. What would the law dictate?

a.The paintings were a gift causa mortis and Nick must return them to Darrell.

b.The paintings were a gift causa mortis. Nick has no obligation to return them.

c.The paintings were an inter vivos gift. Nick has no obligation to return them.

d.The paintings were an inter vivos gift and Nick must return them to Darrell.

Martha and George have been married for many years in a community property state. Though they amassed a great fortune (including a stately home) during their marriage, they cannot stand one another. George dies with a will that says “My house goes to the Little Sisters of the Poor and my wife Martha goes to the curb.” The most likely scenario is that the house goes to:

Select one:

a.Martha, because a testator can never exclude a surviving spouse from his/her will.

b.The Little Sisters of the Poor, because that is what George states in the will.

c.Martha, because the house was acquired during the marriage.

d.any children or grandchildren that George and Martha may have had.

Carlos agrees to redo Monique's kitchen for $10,000. Halfway through the job, Carlos tells Monique that he will need an extra $2,500 to finish the job. Which of the following is a correct evaluation of the situation?

Select one:

a.Monique will not have to pay the extra $2,500 because Carlos made an illusory promise about only charging $10,000.

b.Monique will not have to pay the extra $250 because Carlos has a preexisting duty to redo the kitchen for $10,000.

c.Monique will have to pay the extra $2,500 because Carlos has promised not to finish the job unless she does.

d.Monique will have to pay because she and Carlos did not have a bargained-for exchange.

Answer rating: 100% (QA)

Number 1 The correct choice is a The paintings were a gift cau... View the full answer