Writing Assignment #2 Instructions

Answer the question below based on the fact pattern provided. Be certain to support your conclusion with a well-reasoned analysis of the legal issues that arise from the scenario.

Fact Pattern:

After a long and prosperous life, Larry passed away at the age of 97. He was survived by two sons and two grandsons. Larry's wife had predeceased him by 10 years. Throughout his whole life, Larry had always placed a strong emphasis on family. He had worked very hard and acquired a lot of wealth, and Larry wanted to be certain that his children and grandchildren inherited all that he had built during his life. With the exception of a single cash gift of $100,000 to the home health nurse who had cared for him during his final years, Larry left his entire estate to his two sons in equal shares. Larry, however, did not leave any instruction on how the brothers were to divide his estate. Larry had merely expressed in his will that he wanted all his possessions to "stay within the family." Larry's elder son, George, wanted to immediately sell all of Larry's assets and divide the profits from their sale evenly between him and his brother. This would include selling all three of Larry's homes, at least two of which were located in very coveted neighborhoods. George felt very strongly that an immediate sale of these homes would net the family a very handsome profit. Henry, Larry's younger son, disagreed with his brother's theory. Henry felt his brother was being very impulsive in wanting to sell the homes. Henry believed that the homes would continue to acquire value over time, and that it was not a good idea to sell the homes right away. Additionally, Henry wanted to keep Larry's beach house in the family. This property, which was located in an affluent town on the Jersey Shore, had always been a favorite weekend getaway for members of the family, and both Henry and George had quite a few good memories from there. While George agreed that his brother had a point about the property values rising, he did not want to wait to sell the homes. George was the father of two college-age boys, and he needed the money to help pay for their education. On the other hand, Henry and his wife, Henrietta, did not have any children, so their need for money was not quite as pressing.

Ultimately, Henry came to understand his brother's situation. After a bit of dialogue, the two brothers reached a compromise on how Larry's estate was to be managed. George and Henry agreed to keep the beach house on the Jersey Shore, but the two brothers would sell Larry's other two homes. With regard to Larry's chattels, the two brothers agreed to sell all of Larry's artwork and antiques. Larry's lawyer (who was named Executor of Larry's Estate) agreed to contact local antique dealers to make the necessary arrangements. Certain family heirlooms would be moved to the beach house, but all of Larry's other personal items (which were of lesser value) would either be sold at a "garage sale" or discarded. All net profits made from the sale of the two homes and the chattels would be divided equally between the two brothers. With regard to the beach house, George and Henry agreed to share ownership of the house equally. Larry's lawyer (serving as Executor of Larry's Estate) executed a deed transferring title of the beach house to the two brothers. The house was not divided in any legally significant way, rather each brother was named as a "joint tenant" and given an undivided share in the whole property. Once the deed was executed and properly recorded at the local deed registry office, each brother was given a key to the beach house. Over the next few months, Larry's lawyer arranged to sell Larry's other two houses and chattels. Once all items were sold, the sales profits (minus expenses and legal fees) were distributed to George and Henry equally. Larry's Estate was then closed. Over the next several years, the family made good use of the beach house. They would gather there during the summer months, frequently bringing their friends and cousins. The family would also occasionally rent-out the house during the summer peak season. All expenses (and rental income) from the house would be split equally between George and Henry. As the years went by, and George and Henry got older, the brothers would visit the beach house less frequently. However, George's older son, Junior, continued to make visits to the beach house a few times per year. Junior continued to visit the beach house after he got married, taking his wife and young children there for summer getaways. Over time, Junior assumed his father's share of the maintenance expenses for the beach house. Eventually, Junior also assumed his uncle's share of the expenses as well, since Henry had stopped visiting the beach house. Having passed the age of 85, George realized that the time had come to prepare for his own death. In recognition of how much Junior enjoyed the beach house, George decided to leave his entire share of the beach house to Junior. George would gift his younger son a separate property. George contacted his attorney and executed a will leaving his share of the beach house to Junior. A few years later, George died. Henry died a few months after that. Junior did not visit the beach house during that year. However, a little over one year after George died, Junior and his wife invited a few friends for a weekend at the beach house. Once they arrived, they were surprised to find that the locks on the front door had been changed. Junior tried to enter via the back door, but those locks had been changed as well.

Few minutes later, a police officer arrived. Evidently, one of the neighbors had spotted Junior and his company at the house and mistook them for burglars. Junior politely explained to the police officer that this was his house, and the locks were likely changed by either his father or his uncle before their deaths. Somewhat perplexed by Junior's assertion, the police officer asked Junior to wait a few minutes while he contacted his supervisor. After a few minutes, the police officer returned. The officer told Junior that his supervisor was able to confirm that Junior was in fact the son of the house's former owner who had died, but there was no documentation that Junior was the house's current owner. As a result, the police department was not able to open the house for Junior, unless Junior could provide either a court order or a deed showing proof of title. "I'm sorry folks," said the police officer politely. "It's probably best if you leave for now and sort this out later." Frustrated, Junior thanked the police officer and checked-into a local hotel for the night. The following day, Junior went to the deed registry office to look-up the deed for the beach house. To his surprise, Junior discovered a deed naming his Aunt Henrietta (Henry's widow) as owner of the beach house. Evidently, his Uncle Henry had executed this deed three years earlier. Junior immediately called his aunt, but Henrietta refused to talk with him. Instead, Henrietta referred Junior to her attorney. When Junior contacted Henrietta's attorney, the attorney (very rudely) explained that the beach house had passed to Henry upon George's death, and that Henrietta inherited the house once her husband died. The attorney further indicated that Henrietta intends to transfer the house to her niece and nephew, and that all family heirlooms would be discarded unless Junior immediately makes arrangements to have them removed from the beach house. Junior had never liked his Aunt Henrietta, but now he outright despised her. "Not only did that old bat lock me out of my family's house, but now she thinks she owns the place," screeched Junior as he vented to his wife. "Grandpa Larry wanted that house to stay within the family, and that niece and nephew are not family." Junior immediately contacted his attorney and instructed him to "get rid of that witch."

Question What can Junior do (if anything) to keep the beach house?