Question
1. The facts relevant to this are that November 5, 2017 a cohabitation contract between Les and KandraReidt was entered into. Les died on July
1. The facts relevant to this are that November 5, 2017 a cohabitation contract between Les and KandraReidt was entered into. Les died on July 9, 2019. From January 2015 until Les's death, he and Kandra lived together as domestic partners in a house in Newport that was titled solely in Les's name.
The November 5, 2017 agreement between Les and Kandra was captioned, "Cohabitation Contract." It was signed by both and notarized. The two-page contract acknowledged that it was intended to satisfy statutory provisions governing cohabitation between unmarried persons and to protect the respective rights of Les and Kandra. The contract specifically acknowledged that Kandra had "invested sums of money and personal labor into the improvement" of the Newport house.The contract stated that two alternatives for Kandra. It provided for either a dispositions of the value of her investment through a payment, or anoption to purchase the house with a reduction in price based on her contribution.It was agreed that her contribution to the house improvement are valued at $150,000.
In July 2018, after executing the cohabitation agreement, Les executed a will. The will nominated Les's son, Broc and Karla as personal representatives, with the joint power to nominate additional or successor personal representatives. The will included specific devises of personal items to Broc and household goods to Kandra.Broc or his estate were listed as the residuary beneficiaries of Les's personal property. And the devise of real property provided: "I devise any interest I may have in my homestead, and any other real property, to my son," Broc.
In probate proceeding who will likely get what in regard to the house and why?You must state the legal issues and explain your answer fully (issue, rule, analysis, and conclusion).
Just for your info, here is the statute:
513.075 COHABITATION; PROPERTY AND FINANCIAL AGREEMENTS.
If sexual relations between the parties are contemplated, a contract between a man and a woman who are living together in this state out of wedlock, or who are about to commence living together in this state out of wedlock, is enforceable as to terms concerning the property and financial relations of the parties only if:
(1) the contract is written and signed by the parties, and
(2) enforcement is sought after termination of the relationship.
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