In June 2009, Bernard Ramish set up a $48,000 trust fund through West Plains Credit Union to provide tuition for his nephew, Nathan Covacek, to attend Tri-State Polytechnic Institute. The trust was established under Ramish’s control and went into effect that August. In December, Ramish suffered a brain aneurysm that caused frequent, severe headaches with no other symptoms. Shortly thereafter, Ramish met with an attorney to formalize in writing that he wanted no artifi cial life-support systems to be used should he suffer a serious illness. Ramish designated his cousin, Lizzie Johansen, to act on his behalf, including choosing his medical treatment, should he become incapacitated. In August 2011, Ramish developed heatstroke on the golf course at La Prima Country Club. After recuperating at the clubhouse, Ramish quickly wrote his will on the back of a wine list. It stated, “My last will and testament:

Upon my death, I give all of my personal property to my friend Steve Eshom and my home to Lizzie Johansen.” He signed the will at the bottom in the presence of fi ve men in the La Prima clubhouse, and all fi ve men signed as witnesses. A week later, Ramish suffered a second aneurysm and died in his sleep. He was survived by his mother, Dorris Ramish; his son-in-law, Bruce Lupin; and his granddaughter, Tori Lupin. Using the information presented in the chapter, answer the following questions.

1. What type of trust did Ramish create for the benefit of Covacek? Was it revocable or irrevocable?

2. Would Ramish’s testament on the back of the wine list meet the requirements for a valid will? Why or why not?

3. What would the order of inheritance have been if Ramish had died intestate?

4. Was Johansen granted a durable power of attorney or a health-care power of attorney for Ramish?
Explain. Had Ramish created a living will?