a. What are the arguments that Patricia is entitled to the $570,000? b. What are the arguments that Dorothy is entitled to the $570,000? c. Who should prevail? Why?

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a. What are the arguments that Patricia is entitled to the $570,000? b. What are the arguments that Dorothy is entitled to the $570,000? c. Who should prevail? Why?

Upon George Welch’s death, he was survived by his third wife, Dorothy Welch, and his daughter by his first marriage, Patricia Fisher. At the time George and Dorothy were married, George was in very poor health and he relied on Dorothy to care for him. George was suicidal and an alcoholic and suffered from severe depression. During the eight months George and Dorothy were married, George became isolated from his family and his health deteriorated. Prior to his death, George transferred the bulk of his assets to Dorothy. Dorothy assisted in the transfer of George’s assets and often completed checks and other papers for George’s signature. Although George and Dorothy had executed a prenuptial agreement, during the month preceding his death, George made a new will that named Dorothy as his sole beneficiary. Patricia had been the sole beneficiary of his prior will. Through the transfers of assets and the new will, Dorothy received $570,000.
 
a. What are the arguments that Patricia is entitled to the $570,000?

b. What are the arguments that Dorothy is entitled to the $570,000?

c. Who should prevail? Why?

Answer & Explanation (3)

Explanation

A will is a type of written document stating information about a particular property or asset that is going to be delivered to another person after the death of the will holder.
The statements that can be made by Person P to receive the money are:

Person G has not terminated their first will. So, any subsequent wills are considered invalid.
Person P can prove that Person P is the only legal heir of Person G. For being legal heir, Person P has the right to get the Person G's assets.
 Person P can prove that the new will is created under the pressure.

Verified Answer

As per Section 2-507, Person P may prove that the first will, which is created by Person G, has not been cancelled. So, Person P may demand a share from Person G.
The following are the reasons that prove Person P may be entitled to get the amount:

Showing that old will is not cancelled.
No amendments are done in the old will; Person P is the only legal child of Person G.
New will is created under pressure.

Explanation

A prenuptial agreement is created between Individuals G and D and is executed in the aforementioned case. According to Person G’s fresh will, Person D is liable to get all the property and personal belongings of Person G when Person G dies.  Thus, Person D carries the right as per Person G’s new will.

Sample Response

Person D may carry the right to transfer the assets.

Explanation

Individual D isolated Individual G from the rest of the family, exerted superior influence over the life, thoughts, and behavior of Individual G. All of these reasons conclude that Individual D had undue influence over Individual G, which makes the newly created will ineffective in front of Individual P.

Sample Response

Individual P would prevail as Individual D exerted undue influence on Individual G during their last days because of which the new will was created.

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