Question

Which of the following could lead to a will contest?

	A.	Walter leaves everything to his lover Emmanuel
	B.	Walter executed the will shortly after he was diagnosed with dementia. He was of sound mind at that time.
	C.	Walter does not mention his lover Emmanuel in his will, but everything else (retirement, life insurance) that does not go through probate is left to Emmanuel.
	D.	Any of these could lead to a will contest.

Which of the following could lead to a will being contested?

	A.	A child is disinherited
	B.	The spouse is disinherited
	C.	Prior wills left everything to the children, and the new will leaves everything to the new spouse
	D.	Any of these could be contested

Sam has established a revocable inter vivos trust and has named the trustee the beneficiary of all his life insurance policies. His will provides that all of his residuary estate will “pour over” to the trust. All the following statements concerning this arrangement are correct EXCEPT

	A.	The trust must be in existence prior to the date the will is executed.
	B.	Probate costs will be eliminated in the administration of Sam's estate.
	C.	Flexibility and discretion in the administration of trust assets can be attained.
	D.	The trust can provide liquidity in Sam's estate.

Even if spouse #1 specifically disinherits spouse #2, spouse #2 is likely to receive a portion of spouse #1's estate.

True

False

Answer 1

(1) Option C can lead to a will contest because the name of the lover was not mentioned in the will of his property and estate while all the retirement and life insurance went to Emmanuel. In option A and option B will is properly executed therefore it cannot be contested.

(2) Option B as a child can be disinherited but a spouse cannot be while option C suggested that a new will was made in the name of the new spouse. Till a person is alive he can change his will as many number of times . Therefore both option A and C Cannot be contested but B can be

(3) Option C is the correct answer as the Sam has made the trustee the beneficiary of his estate but not given the power to decide on the assets of the trust therefore all the statement are correct except the flexibility and discretion in trust assets can be attained

(4) True. As the spouse has the legal right in the estate of the other spouse even if she is disinherited