1. Jeff owns a house in Dover, DE, a condo in Key West, FL, and a ski cabin in Colorado. He grew up and worked his entire life in Dover, but for the past 8 years, he has spent his retirement splitting his time between the condo in Key West and the cabin in Colorado. He only comes back to Delaware once a year for Punkin Chunkin! He comes to our firm for advice regarding where he should be domiciled. Our legal research has revealed that the state with the lowest tax burden in Florida. What would our specific advice be for Jeff to ensure that he is deemed to be domiciled in Florida when he dies? How may this be accomplished?

Also, can you, the paralegal, give him this advice over the phone? Why or why not?

2. Take a look at the will below which was offered for probate in Delaware and list at least 10 errors and/or provisions that should have been included but were omitted.

(b) Would this will have been admitted to probate in Delaware? Why or why not?

John Smith

I, John Smith, an adult residing at 5 Cherry Lane revoke all wills and codicils previously made by me.

ARTICLE I

I appoint Barry Feinstein as my Personal Representative to administer this Will, and ask that he be permitted to serve without Court supervision and without posting bond.

ARTICLE II

I direct my Personal Representative to pay out of my residuary estate all of the expenses of my last illness, administration expenses, all legally enforceable creditor claims, all Federal estate taxes, state inheritance taxes, and all other governmental charges imposed by reason of my death without seeking reimbursement from or charging any person for any part of the taxes and charges paid, and if necessary, reasonable funeral expenses, including the cost of any suitable marker for my grave, without the necessity of an order of the court approving said expenses.

ARTICLE III

I wish to donate my organs to science and I wish to be cremated.

ARTICLE IV

I devise, bequeath, and give my baseball card collection to my son, James Smith.

I devise, bequeath, and give my books and bookshelves to my sister, Samantha Jones.

I devise, bequeath, and give my jewelry to my wife, Nancy Smith if she does not remarry.

ARTICLE V

I devise, bequeath, and give all the rest and remainder of my residuary estate as follows:

1. 50% to Nancy Smith.
2. 30% to James Smith.
3. 30% to Samantha Jones.