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Morris Buttermaker is a baseball coach and owns the following assets:

1. A $1,000,000 life insurance policy on his own life, no beneficiary is named.

2. $125,000 in an IRA account naming his nemesis baseball coach Roy Turner as beneficiary and a baseball pitcher Amanda Whurlizer as contingent beneficiary.

3. $100,000 in bank account titled jointly with his girlfriend Joyce. Both Morris and Joyce contributed equally to the account.

4. A 1/3 interest in a beach house owned as tenants in common with Morriss sister Phyllis. The FMV of the beach house is $300,000.

5. A life estate in a home (where he currently lives) given to him by his father Ben. Morriss brother Jose holds the remainder interest. The house has a FMV of $250,000.

6. A solely-owned time-share for a weeks stay at Sundance Ski Resort in Utah every year. The FMV of the time-share is $15,000

Morris has 2 adult children: Tanner who has two children (Morriss grandchildren) and Ahmad who has four children (Morriss grandchildren). Morris executes a will naming his friend Jimmy as executor and the will contains the following bequests:

1. A specific bequest leaving his home to his son Tanner.

2. A specific bequest leaving the time-share to his girlfriend Joyce.

3. A general bequest that leaves $500,000 to my children that survive me, or if a child has predeceased me, to his issue

4. There are no residuals bequests.

Morris executes a will because someone has been murdering baseball coaches in the area recently. From the most recent murder of Roy Turner (Buttermakers nemesis) the Police learn a crazed parent is murdering little league championship coaches. Before the police can arrest the suspect, the suspect confronts Ahmad and Morris. Ahmad is killed in the encounter as he tries to protect Morris. Morris then flees and dies of a heart attack from the emotional stress and physical exertion.

Amanda Whurlizer, shocked by the deaths of her friends, worries about her mental stability. Since there is also a history of dementia that runs in her family, she fears that she will eventually lose her mind. She has read on the internet about durable powers of attorney, health care proxies, and living wills. She is confused about the differences between these documents and comes to you for advice and clarification.

Questions:

1. What is the first thing Jimmy has to do to probate Morriss will? (1 point)

2. What is the size (in terms of dollars) of Morriss probate estate? (please show work) (3 points)

3. What is the size (in terms of dollars) of Morriss gross estate? (please show work) (3 points)

4. Will Jimmy have sufficient amount of assets to probate the estate assuming taxes, debts and expenses total $100,000? (1 point)

5. After Jimmy has assembled the assets and paid the taxes, debts and expenses he can then distribute assets to Morriss heirs. How will the house be distributed? (2 points)

6. Who will receive the IRA account (1 point)?

7. How will Jimmy distribute Morriss general bequest of $500,000 to Morriss children and grand-children assuming it is left to them per stirpes (please show work)? (3 points)

8. How will Jimmy distribute Morriss general bequest of $500,000 to Morriss children and grand-children assuming it is left to them per capita (please show work)? (3 points)

9. If Joyce does not want to take possession of the time-share left to her by Morris, where will the time-share go? (2 points)

10. If we assume that Morris had no taxes, debts and expenses, what is the size of the residual estate? (3 points)

11. How will the residual estate be distributed? (2 points)

12. Amanda is confused about the different durable powers of attorney. She asks you what is the difference between a durable power of attorney and a springing durable power of attorney? What do you tell her? (3 points)

13. She is also confused about the difference between a health care proxy and living will. What is the difference between the two? (3 points)

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