B LGL 2110 ESTATE PROBATE (Spring 2024) Spousal Election Assignment 35 points A man named Joe and a woman named Jane are married for 50 years They have two grown adult children, John and Jenny Joe is a successful business man, Jane is a successful homemaker Joe and Jane each have a Last Will Testament (LWT) in which they leave everything to each other and, upon the second of them to die, everything goes to their children, John and Jenny in equal shares, per stirpes After Joe dies on February 1, 2024 at age 80, Jane discovers that, late in his life, Joe wrote a new LWT in which left everything to his twenty two year old girlfriend Boopsie You understand that the probate court will issue a certificate of transfer when a surviving spouse elects the mansion house and the surviving spouse's share of the probate assets is equal to or greater than the net value of the mansion house and the mansion house does not need to be sold to pay debts and expenses that must be paid from the probate estate At the time of Joe's death, there are the following assets a a checking account containing $8K owned in Joe's name alone b a savings account containing $15K owned J S by Joe and Jane c one checking jointly owned by Joe and his daughter Jenny containing $0 00 d a Transfer on Death Account containing $20K naming his two children John and Jenny as beneficiaries e his home in Brooklyn with a net value of $200K owned in his name alone (homes in the area can rent for $2,500 00 per month) f a life insurance policy for $100K that names Jane as beneficiary g a life insurance policy for $15K that names Boopsie as beneficiary h stocks valued at $8K owned in Joe's name alone i a car owned in Joe's name alone valued at $9K Assume for the questions below that there are legitimate debts and expenses against Joe's probate estate in the amount of $30K and that this amount must be paid out of the probate assets PART I QUESTIONS 1 On what date are the probate assets valued 2 Which of the assets above are probate assets 3 What is the total dollar value of the probate assets 4 Which of the assets above are non probate assets 5 What is the total dollar value of the non probate assets 6 Which assets (i e probate or non probate) are controlled by the LWT 7 Which assets (i e probate or non probate) are not controlled by the LWT JANE 8 What non probate assets will Jane receive from Joe's estate What is the dollar value of these non probate assets 9 What subsection of ORC 2105 06 would be applicable if Joe had not made a LWT (died intestate) 10 If Joe had died intestate, what is the total dollar value of the probate assets that Jane would be entitled to after taking into account the legitimate estate debts and expenses Right to take against the LWT ORC 2105 06 and ORC 2106 0l(A),(C) For questions 11 20 below, do not take into account (a) the surviving spouse's right to the mansion house, (b) the allowance for support (Family Allowance) or (c) the right to receive one or more automobiles Also, do not take into account the 30K in expenses against probate estate 11 If Jane makes an election to take against Joe's LWT, what percentage of Joe's probate assets will she receive What dollar amount does this percentage equate to 12 What non probate assets is Jane entitled to BOOPSIE 13 What percentage of Joe's probate assets is Boopsie entitled to if Jane makes an election under to take against Joe's LWT under ORC 2106 0l (A) What dollar amount does this percentage equate to 14 What non probate assets will Boopsie receive from Joe's estate What is the dollar value of these non probate assets JOHN 15 What probate assets, if any, is John entitled to 16 What non probate assets, if any, is John entitled to 17 What probate assets, if any, would John be entitled to if Joe had died intestate JENNY 18 What probate assets, if any, is Jenny entitled to 19 What non probate assets, if any, is Jenny entitled to 20 What probate assets, if any, would Jenny be entitled to if Joe had died intestate PART II QUESTIONS Taking into Account the Right to take against the LWT ORC 2105 06 and 2106 0l (A),(C) and the Family Allowance ORC 2106 13 For the following questions 21 26, assume that Jane makes an election to take against Joe's LWT and take into account the applicable family allowance for support amount DO NOT take into account any right to the mansion house or any right to receive one or more automobiles JANE 21 Taking into account the applicable family allowance for support amount, if Jane makes an election to take against Joe's LWT, approximately what dollar amount does Jane's share of Joe's probate assets equal Make sure to explain how you arrived at your answer 22 Taking into account the applicable family allowance for support amount, if Jane makes an election to take against Joe's LWT, approximately what dollar amount does Jane's share of Joe's non probate assets equal BOOPSIE 23 Taking into account the Family Allowance, what dollar value of probate assets does Boopsie receive if Jane makes an election to take against Joe's LWT 24 Taking into account the Family Allowance, what non probate assets does Boopsie receive if Jane makes an election to take against Joe's LWT JOHN 25 Taking into account the Family Allowance, what does John receive if Jane makes an election to take against Joe's LWT JENNY 26 Taking into account the Family Allowance, what does Jenny receive if Jane makes an election to take against Joe's LWT B Taking into Account the right to take against the LWT ORC 2105 06 and 2106 0l (A),(C) , the Family Allowance and the Mansion House election (ORC 2106 10) For the following questions 27 31, DO NOT take into account any right to receive one or more automobiles JANE 27 Taking into account the family allowance, if Jane makes an election under 2106 0l (A) to take against Joe's LWT and makes an election to take the mansion house, will the court issue a Certificate of Transfer transferring the mansion house to Jane (i e Is Jane's share of the probate assets equal to or greater in value than the value of Joe's house ) Why or why not 28 If Jane were unable to obtain a Certificate of Transfer from the court, does Jane have the right to remain in the mansion house If so, for how long 29 Does the mansion home have to be sold in order to pay debts and expenses of the probate estate What is the total reasonable month rental value amount that Jane is entitled to if the mansion house did have to be sold 30 Taking into account the family allowance, if Jane makes an election under 2106 0l (A) to take against Joe's LWT and is given the reasonable rental value amount of the mansion house, what dollar amount does Jane's share of Joe's probate assets equal Make sure to explain how you arrived at your answer BOOPSIE 31 Taking into account the family allowance, if Jane makes an election under 2106 0l (A) to take against Joe's LWT and is given the reasonable rental value amount of the mansion house, what dollar amount does Boopsie's share of Joe's probate assets equal Make sure to explain how you arrived at your answer C Taking into Account the right to take against the LWT ORC 2105 06 and 2106 0l (A),(C) , the Family Allowance ORC 2106 13 , Mansion House election ORC 2106 10 and the vehicle election ORC 2106 18 For the following questions 32 and 33, DO take into account the allowance for support, the right to elect the mansion house and any right to receive one or more automobiles 32 Taking into Account the right to take against the LWT ORC 2105 06 and 2106 0l (A),(C) , the Family Allowance ORC 2106 13 , Mansion House election ORC 2106 10 and the vehicle election ORC 2106 18 , what does Jane receive Include in your answer both probate and non probate assets Does Jane's election to take the automobile have any effect on her share of the Family Allowance 33 If Jane makes an election to take against Joe's LWT, what does Boopsie receive Include in your answer both probate and non probate assets D Prenuptial Agreement 34 If Jane had signed a prenuptial agreement before her marriage to Joe, how long does Jane have to challenge the enforcement of the prenuptial agreement 35 What ae your thoughts after completing this assignment What did you learn Were you surprised by anything that you learned

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B LGL 2110-ESTATE & PROBATE (Spring 2024) Spousal Election Assignment 35 points A man named Joe and a woman named Jane are married for 50

B	LGL 2110-ESTATE & PROBATE (Spring 2024) Spousal Election Assignment 35 points

A man named Joe and a woman named Jane are married for 50 years. They have two grown adult children, John and Jenny. Joe is a successful business man, Jane is a successful homemaker. Joe and Jane each have a Last Will & Testament (LWT) in which they leave everything to each other and, upon the second of them to die, everything goes to their children, John and Jenny in equal shares, per stirpes. After Joe dies on February 1, 2024 at age 80, Jane discovers that, late in his life, Joe wrote a new LWT in which left everything to his twenty-two year old girlfriend Boopsie. You understand that the probate court will issue a certificate of transfer when a surviving spouse elects the mansion house and the surviving spouse's share of the probate assets is equal to or greater than the net value of the mansion house and the mansion house does not need to be sold to pay debts and expenses that must be paid from the probate estate.

At the time of Joe's death, there are the following assets:
a	a checking account containing $8K owned in Joe's name alone
b	a savings account containing $15K owned J&S by Joe and Jane
c	one checking jointly owned by Joe and his daughter Jenny containing $0.00
d	a Transfer on Death Account containing $20K naming his two children John and Jenny as beneficiaries
e	his home in Brooklyn with a net value of $200K owned in his name alone (homes in the area can rent for $2,500.00 per month)
f	a life insurance policy for $100K that names Jane as beneficiary
g	a life insurance policy for $15K that names Boopsie as beneficiary
h	stocks valued at $8K owned in Joe's name alone
i	a car owned in Joe's name alone valued at $9K

**Assume for the questions below that there are legitimate debts and expenses against Joe's probate estate in the amount of $30K and that this amount must be paid out of the probate assets.

PART I QUESTIONS

1. On what date are the probate assets valued?

2. Which of the assets above are probate assets?

3.What is the total dollar value of the probate assets?

4. Which of the assets above are non-probate assets?

5. What is the total dollar value of the non-probate assets?

6. Which assets (i.e. probate or non-probate) are controlled by the LWT?

7. Which assets (i.e. probate or non-probate) are not controlled by the LWT?

JANE

8. What non-probate assets will Jane receive from Joe's estate? What is the dollar value of these non-probate assets?

9. What subsection of ORC 2105.06 would be applicable if Joe had not made a LWT (died intestate)?

10. If Joe had died intestate, what is the total dollar value of the probate assets that Jane would be entitled to after taking into account the legitimate estate debts and expenses?

Right to take against the LWT [ORC 2105.06 and ORC 2106.0l(A),(C)]

For questions 11-20 below, do not take into account (a) the surviving spouse's right to the mansion house, (b) the allowance for support (Family Allowance) or (c) the right to receive one or more automobiles. Also, do not take into account the 30K in expenses against probate estate.

11. If Jane makes an election to take against Joe's LWT, what percentage of Joe's probate assets will she receive? What dollar amount does this percentage equate to?

12. What non-probate assets is Jane entitled to?

BOOPSIE

13. What percentage of Joe's probate assets is Boopsie entitled to if Jane makes an election under to take against Joe's LWT under ORC 2106.0l (A)? What dollar amount does this percentage equate to?

14. What non-probate assets will Boopsie receive from Joe's estate? What is the dollar value of these non-probate assets?

JOHN

15. What probate assets, if any, is John entitled to?

16. What non-probate assets, if any, is John entitled to?

17. What probate assets, if any, would John be entitled to if Joe had died intestate?

JENNY

18. What probate assets, if any, is Jenny entitled to?

19. What non-probate assets, if any, is Jenny entitled to?

20. What probate assets, if any, would Jenny be entitled to if Joe had died intestate?

PART II QUESTIONS

Taking into Account the Right to take against the LWT [ORC 2105.06 and 2106.0l (A),(C)] and the Family Allowance [ORC 2106.13]

For the following questions #21-26, assume that Jane makes an election to take against Joe's LWT and take into account the applicable family allowance for support amount. DO NOT take into account any right to the mansion house or any right to receive one or more automobiles.

JANE

21. Taking into account the applicable family allowance for support amount, if Jane makes an election to take against Joe's LWT, approximately what dollar amount does Jane's share of Joe's probate assets equal? Make sure to explain how you arrived at your answer.

22. Taking into account the applicable family allowance for support amount, if Jane makes an election to take against Joe's LWT, approximately what dollar amount does Jane's share of Joe's non-probate assets equal?

BOOPSIE

23. Taking into account the Family Allowance, what dollar value of probate assets does Boopsie receive if Jane makes an election to take against Joe's LWT?

24. Taking into account the Family Allowance, what non-probate assets does Boopsie receive if Jane makes an election to take against Joe's LWT?

JOHN

25. Taking into account the Family Allowance, what does John receive if Jane makes an election to take against Joe's LWT?

JENNY

26. Taking into account the Family Allowance, what does Jenny receive if Jane makes an election to take against Joe's LWT?

B. Taking into Account the right to take against the LWT [ORC 2105.06 and 2106.0l (A),(C)], the Family Allowance and the Mansion House election (ORC 2106.10)

For the following questions #27-31, DO NOT take into account any right to receive one or more automobiles.

JANE

27. Taking into account the family allowance, if Jane makes an election under 2106.0l (A) to take against Joe's LWT and makes an election to take the mansion house, will the court issue a Certificate of Transfer transferring the mansion house to Jane (i.e. Is Jane's share of the probate assets equal to or greater in value than the value of Joe's house?) Why or why not?

28. If Jane were unable to obtain a Certificate of Transfer from the court, does Jane have the right to remain in the mansion house? If so, for how long?

29. Does the mansion home have to be sold in order to pay debts and expenses of the probate estate? What is the total reasonable month rental value amount that Jane is entitled to if the mansion house did have to be sold?

30. Taking into account the family allowance, if Jane makes an election under 2106.0l (A) to take against Joe's LWT and is given the reasonable rental value amount of the mansion house, what dollar amount does Jane's share of Joe's probate assets equal? Make sure to explain how you arrived at your answer.

BOOPSIE

31. Taking into account the family allowance, if Jane makes an election under 2106.0l (A) to take against Joe's LWT and is given the reasonable rental value amount of the mansion house, what dollar amount does Boopsie's share of Joe's probate assets equal? Make sure to explain how you arrived at your answer.

C. Taking into Account the right to take against the LWT[ORC 2105.06 and 2106.0l (A),(C)],the Family Allowance [ORC 2106.13], Mansion House election [ORC 2106.10] and the vehicle election [ORC 2106.18]

For the following questions #32 and 33, DO take into account the allowance for support, the right to elect the mansion house and any right to receive one or more automobiles.

32. Taking into Account the right to take against the LWT [ORC 2105.06 and 2106.0l (A),(C)], the Family Allowance [ORC 2106.13], Mansion House election [ORC 2106.10] and the vehicle election [ORC 2106.18], what does Jane receive? Include in your answer both probate and non-probate assets. Does Jane's election to take the automobile have any effect on her share of the Family Allowance?

33. If Jane makes an election to take against Joe's LWT, what does Boopsie receive? Include in your answer both probate and non-probate assets.

D. Prenuptial Agreement

34. If Jane had signed a prenuptial agreement before her marriage to Joe, how long does Jane have to challenge the enforcement of the prenuptial agreement?

35. What ae your thoughts after completing this assignment? What did you learn? Were you surprised by anything that you learned?