I am having a lot of trouble with wills- if anyone would like to take some time to explain some of these things to me like i am 5 years old, I would really appreciate-
Wills
Combination Wills- In my barbri lecture, the professor gave 3 types of combination wills, joint, reciprocal, and contractural, Then he gave an example
Example 36. Matt and Lisa executed a joint will with an express statement of intent. The will stated that each of their assets are to go to whomever survives the other, and upon the survivor’s death, the assets would be divided equally among their children, Chris, Jill and Karen. Matt predeceased Lisa. Lisa remarried, had more children, and executed a new will changing the beneficiaries from her children with Matt to her children with Steve (Husband 2), along with other assorted dispositions.
Who inherits upon Lisa’s death?
The new will is admitted to probate. The court will then impose a constructive trust on the property in favor of the intended beneficiaries, Chris, Jill, and Karen
The professor explained because this was a "joint will" that was breached- the court will impose the constructive trust.
Are all combination wills "contract wills" I don't even know where to begin with my questions, bc i don't understand the concept at all. I don't even understand have you have a contractural will.
Distributing shares in a Will
per stripes, per capita with representation, per capita at each generation.- What is the difference between these?
Trusts:
I don't understand the concept of a constructive trust- the professor kept on referring to it as an example of a remedy for an heir that murders the testate. Which i don't understand, if someone killed their mom, the state is going to put the property in a trust and still allowed the murdered person to be the beneficiary?
Sorry for all the dumb questions- and thanks in advance
Wills and Trust Forum
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estefanchanning
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Re: Wills and Trust
Honestly those Qs will take too long to explain via writing. I can explain via phone if you'd like. you can PM me your #
