Question
For years, Homeless Hanna, in tattered clothes and often barefoot, roamed the streets of downtown San Diego pushing her belongings in a rusty market-basket, basically
For years, Homeless Hanna, in tattered clothes and often barefoot, roamed the streets of downtown San Diego pushing her belongings in a rusty market-basket, basically living and sleeping on the streets. Sadly, on the morning of April 15, 2016, her body was discovered resting on a park bench. Her death certificate lists the cause of death to exposure. She died without heirs, except for her two spinster, busybody sisters, Kaye and Christine.
Three days after Hanna's death, a full-page obituary (written by her long-time attorney, Mitchell) was published in the Union-Tribune recounting Hanna's life story, her remarkable business acumen, her investment skills and her generous soul. Since 1980, while living as a begger, Hanna had protected her financial portfolio and had been secretly funding several scholarships at MiraCosta and other community colleges. Upon her death, a $5 million life insurance policy, which she fully paid for in 1979, paid off. Her estate was the named beneficiary. Hanna died a multi-millionaire.
Kaye and Christine, have never been employed, enjoying the uninterrupted housing and financial supported provided by their older sister, Hanna. When Mitchell met with them at their house (really Hanna's house, now the estate's house), they looked at each other, stunned at the realization that Hanna was living on the street.
Having refused to sign any of the many will-drafts presented to her by Mitchell, Hanna died intestate, i.e. without a will. Since neither Kaye or Christine wanted to participate in wrapping up Hanna's legal affairs, the court appointed a volunteer, Frederick Miller, a MiraCosta student and stranger to Hanna, as Hanna's Estate Administrator. Mitchell was appointed the estate's attorney. For their respective work, which is still not complete, Administrator and attornney will each receive about 2% of the value of the estate and the sisters will split 50/50 the estate balance.
Within days after Fred was appointed, a major roof leak developed on the sisters' house and they insisted the estate fix the roof immediately. In a rush, Fred orally hired an appropriately licensed roofer to make repairs. Fred also orally promised the roofer that if the estate did not or could not pay for the cost of repairs, he would pay, personally.
Fred lasted as Administrator only three months. Demands from both his regular employer and from his school work forced him to resign. The court accepted his resignation and appointed Jake Price, another MiraCosta student as successor Administrator. .
Jake refused to pay the roofer's invoice of $8,300. Select the best answer.
a. | The roofer can collect from the estate only. | |
b. | The roofer can collect from Fred only. | |
c. | The roofer must collect from the estate first, and then collect any deficiency from Fred. | |
d. | The roofer can collect from either the estate, Fred or Jake. |
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