You are a new law clerk for the Probate Judge of Wicomico, and you have been assigned to determine the proper legal distribution of the real and personal property of Agnes Twilley, recently deceased. The information is needed for the upcoming trial in the lawsuit of Zebidiah Twilley v. Yolanda Waters-Twilley. The judge has given you four documents:
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; and
In addition, you have brought your that you prepared to help you remember the basic laws involving wills and estates when you were studying for the bar exam. Zebidiah is making several arguments in his lawsuit against his sister Yolanda hoping to receive what he considers his fair share of his parents estates:
His parents died simultaneously, despite Yolandas testimony;
His mothers will is invalid; and
Even if the will is valid, his exclusion from the will is incorrect.
Your assignment is to work with your team (or on your own) to identify the correct distribution of each piece of property found on the Asset List, including the real property and the cash. Assume we are living in a world of no inheritance taxes. If you are unsure of a distribution, state what additional information you would need to clear up the confusion, or any assumptions you make to reach a conclusion.
Questions you should be thinking about to successfully complete the activity:
What constitutes the marital property?
Did Vernon legally precede Agnes in death, or were the deaths simultaneous?
Which intestate rules apply and what is the result?
Which, if any, of Vernons assets flow to Agnes?
Is Agnes will valid?
Does Zebidiah have a valid claim to any of the family property?
How will personal property that cant be divided be distributed?
How will real property be jointly owned?
What happens to residual property?
Full Answer Section
Simultaneous Deaths:
The document mentioning simultaneous deaths and Yolanda's testimony requires clarification. Maryland has a Uniform Simultaneous Death Act (USDA). If the USDA applies, and the deaths are deemed simultaneous, each spouse's estate is distributed as if they predeceased the other.
Intestacy Rules:
If Agnes' will is found invalid (see below), Maryland's intestacy laws will apply. These laws dictate distribution to descendants, parents, siblings, or the state, depending on the family structure.
Flow of Vernon's Assets to Agnes:
Assuming simultaneous deaths (needs confirmation), Vernon's assets wouldn't necessarily flow to Agnes' estate if the USDA applies. Each spouse's estate would be distributed independently.
Validity of Agnes' Will:
The handwritten will's validity depends on several factors:
- Witness Requirements: Were there two disinterested witnesses who signed the will in Agnes' presence?
- Testamentary Capacity: Did Agnes have the mental capacity to understand the nature and consequences of creating a will at the time of signing?
- Fraud or Undue Influence: Was there any evidence of pressure or manipulation exerted on Agnes when creating the will?
Without the will itself and further details, we cannot definitively determine its validity.
Zebidiah's Claim:
Zebidiah's arguments require further examination:
- Simultaneous Deaths: If the USDA applies and the deaths are deemed simultaneous, Zebidiah wouldn't inherit from his mother's estate if she predeceased him.
- Invalid Will: If the will is invalid, Zebidiah might inherit according to intestacy rules, depending on the family structure (spouse, children of Agnes other than Zebidiah, etc.).
- Exclusion from Will: Even if the will is valid, Zebidiah might have a case if he can prove the exclusion was due to mistake, fraud, or undue influence.
Distribution of Indivisible Personal Property:
If specific personal property cannot be divided (e.g., a car), options include selling it and dividing the proceeds, allowing one sibling to buy out the other, or mediation to reach an agreement.
Joint Ownership of Real Property:
If Agnes and another person (not Vernon) jointly owned real property, the surviving joint owner would inherit the deceased's share.
Residual Property:
After debts and specific bequests are settled, any remaining assets (residual property) are distributed according to the will or intestacy laws.
Next Steps:
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Confirm Simultaneous Deaths: Clarify whether the USDA applies based on the specific circumstances surrounding the deaths.
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Review Agnes' Will: Analyze the will itself to determine its validity based on witness requirements, testamentary capacity, and potential undue influence.
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Family Structure: Identify any surviving spouse of Agnes, other children, or descendants to determine inheritance according to intestacy rules if the will is invalid.
By addressing these points, we can determine a more accurate distribution of Agnes Twilley's estate.