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Since we're doing legal hypos...

YYW
Posts: 36,242
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12/6/2014 11:21:59 AM
Posted: 1 year ago
(I completely made this up.)

Suppose Jack and Jill have a grandfather, Archibald, who bequeaths Jack and Jill each equivalent proportional shares of his entire estate. Jack and Jill are the only living decedents of the decedent, Archibald, other than Archibald's young and attractive bombshell of a gold digging wife, Filene, who is three years Jill's junior.

Archibald, at the time of his death, lived in a common law state (that is warm and sunny almost year-round), after he moved there nine years ago to retire to live with Filene, which caused some understandable tension between Jack and Jill and Filene. As a gesture of good faith to his newly beloved wife, Archibald purchased the new house in which he lives with Filene as joint tenants. But, Filene, always short on money, took out a mortgage on the house in a title theory mortgage state. It is unknown what became of the money from the mortgage.

While the farm was decidedly the more valuable asset, the house in the sunny common law state is not of insignificant value. However, the farm has fallen into disarray since Archibald has moved away to the sunny common law state and Archibald did not have the good prudence to employ someone to maintain the premises.

Roughly one year after Archibald moved away to live with Filene, Creighton, an opportunistic scoundrel who lived beside Archibald, noticed that Archibald had moved away and began to make use of a tractor that belonged to Archibald as if it were his own and took full possession of the tractor roughly eight years ago.

At the funeral, Jack and Jill learned that Filene had contacted a lawyer and intended to do everything she could to prevent Jack and Jill from enforcing Archibald's will. Jack and Jill have come to you, and would like to know what assets they stand to inherit.
YYW
Posts: 36,242
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12/6/2014 11:29:09 AM
Posted: 1 year ago
At 12/6/2014 11:21:59 AM, YYW wrote:
(I completely made this up.)

Suppose Jack and Jill have a grandfather, Archibald, who bequeaths Jack and Jill each equivalent proportional shares of his entire estate. Jack and Jill are the only living descendants of the decedent, Archibald, and the only people who have any possible claim to Archibald's estate, other than Archibald's young and attractive bombshell of a gold digging wife, Filene, who is three years Jill's junior.

Archibald, at the time of his death, lived in a common law state (that is warm and sunny almost year-round), after he moved there nine years ago to retire to live with Filene, which caused some understandable tension between Jack and Jill and Filene. As a gesture of good faith to his newly beloved wife, Archibald purchased the new house in which he lives with Filene as joint tenants. But, Filene, always short on money, took out a mortgage on the house in a title theory mortgage state. It is unknown what became of the money from the mortgage.

While the farm was decidedly the more valuable asset, the house in the sunny common law state is not of insignificant value. However, the farm has fallen into disarray since Archibald has moved away to the sunny common law state and Archibald did not have the good prudence to employ someone to maintain the premises.

Roughly one year after Archibald moved away to live with Filene, Creighton, an opportunistic scoundrel who lived beside Archibald, noticed that Archibald had moved away and began to make use of a tractor that belonged to Archibald as if it were his own and took full possession of the tractor around eight years ago.

At the funeral, Jack and Jill learned that Filene had contacted a lawyer and intended to do everything she could to prevent Jack and Jill from enforcing Archibald's will. Jack and Jill have come to you, and would like to know what assets they stand to inherit.
mortsdor
Posts: 1,181
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12/6/2014 11:33:33 AM
Posted: 1 year ago
At 12/6/2014 11:21:59 AM, YYW wrote:
Jack and Jill have come to you, and would like to know what assets they stand to inherit.

Really though, if they can't figure out the water situation... they're not going to stand a chance against bimbo and tractor thief.