FINAL EXAMINATION

SPRING 1996

Professor Robert A. McLeod

Question I

50 Points

1. I devise $10,000 "to my daughter, A, if she survives me." My daughter is survived by her son. I have three other children. (2 points)

a) If my daughter is dead when I die, does her son get the devise and why?

b) Minnesota Statute § 524.2______.

2. I devise my $10,000 "to my son A, or, if A does not survive me, to my daughter B." A dies. B predeceased A. A is survived by his child C, B is survived by her child D. (2 points)

a) Who takes the devise and why?

b) Minnesota Statute § 524.2______.

3. A and B own property in joint tenancy. A and B are both found in bed, dead from carbon monoxide poisoning. (2 points)

a) How does the joint property pass intestate and why?

b) Minnesota Statute § 524.2-______.

4. A and B are married with two children; both children are of that marriage. A dies. How does A's estate pass intestate? (2 points)

5. Same facts as question 4 except the children are from A's prior marriage. Does your answer change? Explain. (2 points)

6. Can a person under conservatorship make a will? Why or Why not? (3 points)

7. I make a valid 10 page will. I make a second valid will revoking one of the many beneficiaries of the first will. (2 points)

a) What happens if I revoke the second will by a third will? Explain.

b) What if I revoke the second will by tearing it up? Explain.

c) Minnesota Statutes §§ 524.2-______ and ______.

8. Is life insurance a probate asset? Why or why not? (2 points)

9. If I have $500,000 of probate property and my wife has $ 100,000 of probate property, and if we were married for 15 years, would it ever help to elect against the will? Explain. (4 points)

10. Does a surviving spouse get $ 10,000 in exempt property and a car or just $ 10,000 in exempt property? (2 points)

a) Answer:

b) Minnesota Statute § 524.2-______

11. What is Dependant Relative Revocation? Explain. (3 points)

12. List 5 trustee duties and provide a brief description of each duty. (5 points)

13. I am single with no kids and I write a will leaving everything to my parents. I get married. I die. (3 points)

a) Does my spouse get anything?

b) Does the answer change if my spouse is the same sex? Explain.

14. List two reasons a person will probably not inherit even if listed as a beneficiary in the will. Explain. (2 points)

15. Does an "illegitimate child" inherit under the intestate statutes?" Explain. (2 points)

a) Answer:

b) Minnesota Statute § 524.______-______ .

16. A settlor creates a trust. The settlor dies. Can the beneficiaries modify or terminate the trust? Explain. (3 points)

17. How long can a decedent's family receive a Family Allowance from the estate? (2 points)

a) Answer:

b) Minnesota Statute § 524.2______.

18. What is the remedy to a failed Limited (Special) Power of Appointment? (2 points)

19. Identify and explain the doctrine to modify a charitable trust. (3 points)

20. Can a spouse be a witness to the other spouse's will? (2 points)

Question II

50 Points

Shirley Partridge is a single mother. Her husband died 5 years ago. Shirley started a rock-n- roll band with her 5 kids. Her kids are Keith, Lori, Danny, Chris and Tracy. All of the children are issue of Shirley and her deceased husband. Rubin is the manager for "The Partridge Family" rock-n- roll band.

Shirley is the beneficiary of a "Marital Trust" created by her husband's will when he died. Shirley has a testamentary general power of appointment over the trust property. Shirley and Rubin sign a contract that says "in exchange for Rubin's services as manager of 'the Partridge Family', Shirley will appoint or devise $ 100,000 of property to Rubin in her will."

Shirley had an attorney draft her will. She directed the attorney to leave her son, Danny, out of the will. Shirley held a will signing party to sign the will. About half-way through the party, after some drinking, Shirley signed the will in front of all the guests. Two of the guests (who were also drinking) signed as witnesses and a self-proving affidavit was also completed. Neither Shirley nor the witnesses remember signing the will due to the fact they drank even more after signing the will).

The will directs that upon Shirley's death, all of her "Partridge Family" rights shall go into trust, the royalties of which are paid to charity for 10 years, the remainder to her children, except Danny. Keith is named trustee of the trust.

The balance of Shirley's estate is disposed of as follows: " I agreed to appoint $100,000 to Rubin, I hereby refuse to do so. I give the balance of my estate in equal shares to my children, by right of representation, except Danny shall get nothing." The balance of the estate is the Marital Trust property totaling $40,000, a house worth $200,000 and a Bus which is the family car.

Shirley dies. Danny predeceased Shirley by two years leaving one child, Xavier. All other parties survived Shirley by 120 hours or more. Shortly after Shirley's death, Partridge Family royalties went way up, but they are starting to drop off.

1) Discuss the claims and issues that may concern the parties involved in Shirley's estate.

2) Based upon your analysis, how might this estate property pass to estate beneficiaries^ under Minnesota law?