Question
Ronald is an overweight man in his late seventies. He is currently married to his third wife, Melanie, and he has five children: Ronald Jr.,
Ronald is an overweight man in his late seventies. He is currently married to his third wife, Melanie, and he has five children: Ronald Jr., Norman, Irene, Kay, and Duke. Due to a heart issue caused by taking a malaria drug, Ronald dies suddenly. His estate is worth $5,000,000. Ronald died in New York, and in New York state, the statute of descent and distribution says that if there is a spouse and one or more children of the intestate or their lineal descendants surviving, the first $50,000 to the spouse, plus one-half of the remainder to the spouse, and the balance to the children equally or to their lineal descendants, per stirpes.
a. Ronald signed a valid will twenty years earlier that bequeaths his entire estate to his second wife, Megan Appletree. He has never signed another will. He is survived by Megan Appletree, Ronald Jr., Norman, Irene, Kay, and Duke.
Assuming Melanie predeceased Ronald for the purpose of this question (i.e., she died first), who inherits Ronald's money? Why?
b. Once again, Ronald signed a valid will twenty years earlier that bequeaths his entire estate to his second wife, Megan Appletree. What is a spouse's statutory elective share right? And, assuming Melanie is still alive, how would her statutory elective share right impact Megan Appletree's inheritance?
c. Ronald dies without a will and is survived by his third wife, Melanie, as well as Ronald Jr., Norman, Irene, Kay, and Duke. How will the estate be divided?
d. Ronald dies without a will and is survived by Norman, Irene, Kay, and Duke. Melanie and Ronald Jr. predeceased Ronald. Ronald Jr. has two surviving children: Ronald III and Crumley. How will the estate be divided? Please explain your answer.
e. During the last year before his death, Ronald started to show signs of severe dementia, including a complete inability to do his job or to form coherent sentences. However, Ronald would have rare moments of clarity where he knew what was happening and was able to respond to questions. Six months before his death, Ronald signed an otherwise legally valid will leaving his entire estate to the Natural Resources Defense Council (the "NRDC"). On the day of the will signing, Ronald seemed in good spirits, made several jokes about wills, and noted how all of that money will help save a lot of big beautiful birds. After Ronald dies, his heirs decide to challenge the validity of the will in court. Describe the argument that Ronald's heirs will make. Describe the argument that the NRDC will make. Who should win?
Answer the best you can given this information
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