Question: Hi , I need help with the following worksheet , in understanding to the following problems. Wills and Intestacy Laws Benjamin was a widower who
Hi , I need help with the following worksheet , in understanding to the following problems.
Wills and Intestacy Laws
Benjamin was a widower who had two married children, Edward and Patricia. Patricia had two children, Perry and Paul. Edward had one child, Erica. Benjamin had a will that was signed by Benjamin in the presence of Patricia and Benjamin's lawyer, both of whom also signed the will as witnesses. Benjamin wrote the will and died in a state that follows the Uniform Probate Code requirements. When Benjamin died, his typewritten, signed will left all of his property equally to his children, Edward and Patricia, and provided that should either or both of his children predecease him, the assets would be distributed to lineal heirs per stirpes. Both Patricia and Edward predeceased Benjamin. Benjamin lived in a state where intestacy law established per capita distribution. Perry and Paul claim the will is invalid and that each grandchild should receive one third of the estate.
In this case, Select from the following that have been listed .
1.Benjamin
2.Edward
3.Patricia
4.Perry
5.Paul
is the testator.
2. To be valid, most states require proof of the testator's mental state or
Select
1.Capacity
2.Ability
, proof of testamentary desire or
Select
1.Intent
2.Wish
, a
Select
1.Written
2.Sealed
3.Confidential
document, the testator's
Select
1.Signature
2.Fingerprints
3.Full Name
, and the signatures of at least two
Select
1.Witnesses
2.Lawyers
3.Beneficiaries
.
3. If the statutory requirements are not followed, a will
Select
1.Is
2.Maybe
declared
Select
1.Void
2.Valid
3.Voidable
, and the decedent's property is distributed according to the laws of
Select
1.Intestacy
2.Escheat
3.Administration
of that state.
4. The intestacy laws of Benjamin's state provide that all property be divided
Select
1.Per Stripes
2.Per Capita
, or among the survivors of the next generation with a living survivor.
5. The next generation below Benjamin with a living survivor is the generation of his
Select
1.Children
2.Grand Children
.
6. If the will is declared invalid, then the estate would be distributed to
Select
1.Erical only
2.Paul and Perry only
3.Paul and Perry one fourth each , and Erica, one half
4.Paul. Perry, and Erica , each one third
.
7. Benjamin's will is
Select
1.In writing
2.Holographic
3.Oral
, it is
Select
1.Signed
2.Misplaced
3.Revoked
, and it is attested to by
Select
1.Two
2.Three
3.Four
witnesses. In addition, there
Select
1.Is
2.Is not
evidence of a lack of capacity or intent.
8. If the will is determined to be valid, then Erica would receive
Select
1.Half
2.One-Third
3.One- Fourth
of the estate, Paul would receive
Select
1.Half
2.One-third
3.One-fourth
of the estate, and Perry would receive
Select
1.Half
2.One-third
3.One-fourth
of the estate.
9. Given the information in this case, it is likely that a court would find Benjamin's will to be
Select
1.Valid
2.Invalid
.
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