Question
Alberto Gomez owns real and personal property in three states, California, New Mexico, and New York. Alberto is 102 years old and has outlived his
Alberto Gomez owns real and personal property in three states, California, New Mexico, and New York. Alberto is 102 years old and has outlived his only spouse and their three children. When he dies intestate, Alberto has no surviving family, i.e., blood relatives. Answer the following:
1. What facts would be required for you to determine Alberto's domiciliary state?
2.What is the difference between Alberto's domicile and his residence?
3. Where would the proper venue be for Alberto's estate administration?
4. If a conflict arises over which of two or three states is the decedent's domicile, how does the Uniform Probate Code resolve the problem? See UPC 3-202 and Riley v. New York Trust Co., 315 U.S. 343, 62 S.Ct. 608, 86 L.Ed. 885 (1942).
5.Which state would determine how Alberto's property would be inherited? Caveat: Discuss both real and personal property. For personal property, see Howard v. Reynolds, 30 Ohio St.2d 214, 283 N.E.2d 629 (1972).
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