Question
use Florida Probate Statutes/Code to answer these questions. Be sure to cite the appropriate section of the Florida Probate Code, provided and be sure to
use Florida Probate Statutes/Code to answer these questions.
Be sure to cite the appropriate section of the Florida Probate Code, provided and
be sure to show all of your work
.
Don Juan Casanova died intestate. He leaves behind the following relatives:
-A wife, Marlena, who he was upset with and left a piece of paper signed by him but not
witnessed on which he stated "To my wife Marlena I leave absolutely nothing because she
was such a witch."
-A son by Marlena, Juan Carlos, age 16, who he leaves the home to on the paper.
-Patti and Paul, children of his deceased son Joseph.
-A sister, Maria Martinez, to whom he left all the money in his bank accounts.
-An illegitimate daughter, Vera Smith, who he has often recognized in cards and letters as
his daughter. He neglected to mention Vera when he wrote up his last wishes.
Don Juan leaves behind the following property:
-A home held in his name and Marlena's name as tenants by the entirety, where Marlena
and Juan Carlos live, worth $250,000.00.
-2016 Cadillac that Marlena drives titled in his name worth $37,000.00
-2018 Jeep Grand Cherokee that he drove titled in his name...$32,000.00
-2017 Honda that Juan Carlos drives titled in Don's name...$13,000.00
-AT&T Stock in his name alone worth $45,000.00.
-Joint savings account with Marlena worth $15,000.00.
-Joint checking account with Marlena worth $12,000.00
-Individual savings account worth $24,000.00.
-Antique Sword Collection worth $60,000.00.
Don Juan leaves behind the following bills:
-Income Tax.....
$1,300.00.
-Cremation expenses....
$3,500.00
-Visa.....(his name alone)
$1,700.00
-MasterCard....(his name alone)
$2,000.00
-Probate expenses.....
$20,970.00
-Hospital bill last 60 days of illness.....
$27,000.00
-Doctor bills last 60 days of illness.....
$4,000.00
*(I figured the Probate expenses - PR and Attorney's fees for you)
Answer the following questions: 5 points each
(If there is a statute that helps you answer the
question, LIST IT!)
16.
Did Don Juan make a valid will according to the requirements for valid wills in Florida? If
not, what was missing?
17.
Who of Don's surviving blood relatives are lineal ascendants?
18.
Who of Don's surviving blood relatives are collaterals?
19.
Who of Don's relatives will most likely be appointed personal representative?
20.
What is the value of the gross estate?
(Please List)
21.
Is there non-probate property in this problem? If there is, list it and list its value?
22.
Is there exempt property in this problem? If there is what is it and what is its value?
(Hint: always take the most expensive cars)
23.
Is there a homestead in this problem? Who will receive the home?
24.
What is the adjusted gross estate?
26.
List the correct order in which the creditors will be paid and the amount of money they will
receive. Take a family allowance
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