Elena and her ex-husband, Mariano, have a son, Bobby. Elena is now engaged to marry Johnathan. Elena
Question:
Elena and her ex-husband, Mariano, have a son, Bobby. Elena is now engaged to marry Johnathan. Elena owns a summer cottage in which Bobby spent a great deal of his childhood. Elena wants to make sure that Bobby gets the summer cottage when she dies. Elena transfers the cottage to a revocable trust with Bobby as the sole beneficiary. Elena knows that Jonathan won't be happy about this, so she doesn't tell him about the trust. Elena and Jonathan get married. After Elena's death, Jonathan finds out about the trust and files suit, claiming the living trust is fraudulent. Based on these facts alone, will Jonathan prevail?
A. No, because it's only a summer cottage, not their homestead.
B. Yes, because Elena didn't tell Jonathan about the trust.
C. No, because Elena and Jonathan weren't married at the time the trust was created.
D. Yes, because Bobby isn't Jonathan's child.