Correct #2
(E Formalities) The testator is an only child. When the testator's parents died, the testator inherited a farm in Florida. The testator is not married and has lived at the farm with her maternal grandmother for the past 15 years. The testator executed a valid will devising the farm to her grandmother. About a year later, the grandmother decided to move to another state to live with her son, the testator's uncle. The testator properly revoked her will by her second will, devising the farm to her good friend and the remainder of her estate to her grandmother. The second will is attested to by two witnesses, one of which is the testator's good friend. Two weeks later, the testator dies when she is run over by a tractor. Who takes the Florida farm? Answers: The grandmother because of the doctrine of dependent relative revocation. The good friend because the second will is valid. The grandmother by intestacy. The grandmother because the second will is invalid.
Answer choice B is correct. Florida has abolished the interested witness rule. In Florida, a will attested to by an interested witness is not only valid, but the gift to the interested witness is not void. Here, because the second will is a valid will, and the other requirements of a properly executed will were met, the good friend is entitled to the farm according to the will. Thus, answer choices A and D are incorrect. Answer choice C is incorrect because the testator did not die intestate as the second will was valid.
(EM) Children and other heirs inheritance right Nancy Quinn had two sons, Earl Quinn and Brent Quinn, before she married Al Green in 2004. In 2006, Nancy made her first and only will, leaving half her estate to "my husband, Al Green" and one-fourth to each of her two sons. On February 15, 2008, Nancy and Al were divorced, but Nancy never got around to making a new will. Nancy died on May 1, 2010, and she was survived by Al, Earl, Brent, and her father, Norman Ritter. Which of the following statements regarding the distribution of Nancy's estate is correct? Answers: Since a divorce revokes a will made during coverture, Nancy died intestate, and Earl and Brent will each take one-half of Nancy's estate. Earl and Brent will each take one-half of Nancy's estate because Nancy's will is void only as it affects Al Green. Since Nancy did not change her will within one year after her divorce from Al, Nancy's estate will be distributed exactly as stated in her will. Since Nancy's will referred to Al Green specifically as her husband, Al Green will take nothing because he was not Nancy's husband at the time of her death. Earl, Brent, and Norman Ritter will each take one-third of Nancy's estate.
Answer choice B is correct. In Florida, any provision of a will executed by a married person that affects the spouse of that person will automatically become void upon the divorce of that person. Following the divorce, the will is administered and construed as if the former spouse had died at the time of the divorce, unless the will or the divorce judgment expressly provides otherwise. The rest of the existing will remains in effect. Here, by the terms of Nancy's will, her two sons are each entitled to one-fourth of her estate. Since there is no mention of residuary clause in the will, the remaining one-half of Nancy's estate passes by intestacy. Under the Florida law of intestacy, any portion of the decedent's intestate estate that does not pass to the surviving spouse descends to the descendants of the decedent. Consequently, each son will also receive one-half of the portion of Nancy's estate that is subject to distribution under intestate. In total, each son will receive one-half of Nancy's estate, one-fourth under the terms of her will and one-fourth pursuant to intestacy law.
half bloods A husband and wife have a son. The husband dies and the wife remarries. The wife and her second husband have a son and a daughter. The wife and second husband die in a boating accident leaving their entire estate to the daughter. A few years later, the daughter dies. The daughter did not have a will. How will the estate be distributed in Florida? Answers: The son from the first marriage and the son from the second marriage each receive one-half of the estate. The son from the second marriage receives the entire estate. The son from the first marriage receives one-third of the estate and the son from the second marriage receives two-thirds of the estate. The estate escheats to the state.
Answer choice C is correct. Brothers and sisters who shared only one common parent are half-bloods. Florida has a special rule that only applies to inheritance by collateral kindred (i.e., brothers and sisters), not lineal descendants. If property descends to the collateral kindred of the intestate and some of the collateral kindred are of the whole blood and some are of the half-blood to the intestate, the kindred of the half-blood will inherit half of what the kindred of the whole blood would inherit. In this case, the son from the first marriage is a half-blood sibling of the daughter's; while the son from the second marriage is the daughter's full-blood sibling. Thus, one third of the daughter's estate would pass to the daughter's half-blood brother and two-thirds would pass to the daughter's full-blood brother. Thus, answer choices A, B, and D are incorrect.
E Survivng spouse inheritance rights A woman died without leaving a will. The woman was survived by her husband. The woman had one biological child and one adopted child from a previous marriage. The woman's husband had one child from a previous marriage, the woman's stepchild. How will the woman's estate be distributed? Answers: The spouse takes the entire estate. The spouse takes one-half of the estate, and the remaining half of the estate passes to the woman's biological child. The spouse takes one-half of the estate, and the remaining half of the estate passes to the woman's biological child and adopted child in equal shares. The spouse takes one-half of the estate, and the remaining half of the estate passes to the woman's biological child, adopted child, and stepchild in equal shares.
Answer choice C is correct. When a person dies without having effectively disposed of all of his property through a valid will, he is said to die intestate. Intestacy statutes establish the order of preference in which certain persons related to the intestate decedent succeed to the intestate decedent's property. If there are lineal descendants who are not lineal descendants of the surviving spouse, the spouse receives one-half of the intestate's estate and the descendants receive the other half. Accordingly, the spouse would take half the estate and the woman's two children would take the other half in equal shares. Answer choice A is incorrect because the estate is divided between the surviving spouse and lineal descendants. Answer choice B is incorrect because an adopted child is treated the same as a biological child, and thus the adopted child would share in the estate. Answer choice D is incorrect because a stepchild does not have intestate succession rights.
EM Commencing administration Marco, a Florida domiciliary who lives in Palm Beach County, is near death. Alicia, Marco's niece, lives in California. When she last spoke with Marco, he told her that he had included her in his will and that he had named her brother, Diego, as personal representative of his estate. Alicia is concerned that Diego, who lives in Florida and with whom she is not on speaking terms, may attempt to probate a false will that does not contain a devise to her. Can a Florida attorney file a caveat on her behalf with the circuit court for Palm Beach County that would require the court clerk to notify Alicia if and when Diego attempts to probate Marco's will? Answers: No, because Alicia is not a resident of Florida. No, because Marco is still alive. Yes, because Marco stated he had a will. Yes, because Alicia is an interested person.
Answer choice D is correct. An interested person (i.e., any person who may reasonably be expected to be affected by the outcome of the particular proceeding involved) who wishes to have notice of the administration of an estate, either testate or intestate, or the admission of a will to probate may file a caveat with the court. In this case, Alicia, as a person presumably named in Marco's will, is an interested person with respect to the administration of Marco's estate. Consequently, she is entitled to file a caveat. Answer choice A is incorrect because a non-resident may file a caveat in Florida, provided either the caveat is signed by a Florida attorney or a resident of the county in which the caveat is filed is appointed as an agent. Answer choice B is incorrect. Although the creditor of a person cannot file a caveat before the death of that person, any other interested party may file a caveat before the person's death. A caveat is effective for two years after it is filed. Answer choice C is incorrect because a caveat may be filed to provide an interested party with notice of the administration of an estate whether the estate is intestate or testate.
(E Will substitutes) The testator purchased a life insurance policy naming his fiancée as beneficiary. The testator also opened a savings account at the only local bank in town in his name, as trustee for his daughter. In addition, the testator owned a house with his sister, as joint tenants with rights of survivorship. The testator executed a valid will in which he devised the life insurance proceeds, the house, and the savings account to his mother. The testator provided all the necessary descriptions required for proper identification of all the property. Upon the testator's death, he is survived by his fiancée, his daughter, his sister, and his mother. What property will be successfully devised under the will? Answers: The life insurance proceeds, the savings account, and the house. The life insurance proceeds and the savings account. Only the savings account and the house. No property will pass under the will.
Answer choice D is correct. Only property that is owned by the decedent may be disposed of by will. Non-probate assets are distributed in accordance with the terms of the contract and without a court proceeding. All of the assets here will be transferred by will substitute, thus answer choice D is correct. The beneficiary of a life insurance policy takes by virtue of the insurance contract. Here, the testator named his fiancée as beneficiary, not his estate. Thus, he cannot devise the proceeds of the life insurance through his will. Therefore, answer choices A and B are incorrect.
