Davis Legal

Like the Anna Nicole Smith case, Michael Jackson will certainly bring a litany of law suits surrounding his trust and/or will.  Under what legal theory could his will be contested?  Some might argue if he was under the influence of drugs, he lacked the mental capacity.  However, even if he was a frequent or even daily drug user, only a few minutes of clarity is sufficient for testamentary intent.  Has anyone researched the Anna Nicole Smith case since it might be closely related set of circumstances?  During the coming weeks, I would not be surprised to hear about a recently discovered codicil, revocation, lack of testamentary capacity, undue influence, fraud or who knows what else.  A similar fact pattern on the bar exam could make for a very demanding essay!!  Please share your thoughts on these and other similar cases you may have come across.

Girl Walks Into A Bar (Exam)
Wills Outline

WILLS
To be valid, a will must be SWEPT

S = signed by an adult testator (or w/someone?s help)
W = in writing
E = signature must be at the end
P = published that it?s a will
T = two witnesses who do not have to be adults must sign w/in 30 days of each other.

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WIDOWS COPE
The will must be Written with Intent to give away at Death, Officially Witnessed and Signed. “Officially” refers to the COnscious PresencE doctrine.

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Striptease Demi (Moore) Generated a Real Interest
Gifts by order of priority (reverse abatement) are:
Specific
Demonstrative
General
Residual
Intestate

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Remember, if you don’t have enough $$, you live in your parents BASEMENT.

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Someone gave me the EXXON station free of debt.  EXONERATION means the given free from all mortgage debts.

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Daddys Doctor Recently Retired:
Doctoring of Dependent Relative Revocation

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Someone took my DIM SUM GIFT from the STATE:
ADEMPTION means a specific gift lapses if missing from the estate.