, Solution manual for Wills, Trusts, and Estate
Administration, 9th Edition Janis Walter
Notes
1- The file is chapter after chapter.
2- We have shown you few pages sample.
3- The file contains all Appendix and Excel
sheet if it exists.
4- We have all what you need, we make
update at every time. There are many new
editions waiting you.
5- If you think you purchased the wrong file
You can contact us at every time, we can
replace it with true one.
Our email:
, Solution and Answer Guide: Walter, Wills, Trusts, and Estate Administration 2022, 9780357452196;
Chapter 01: The Estate Plan and the Purpose and Need for a Will
Solution and Answer Guide
Walter, Wills, Trusts, and Estate Administration 2022, 9780357452196,
Chapter 01: The Estate Plan and the Purpose and Need for a Will
Table of Contents
Assignments .............................................................................................................................................. 1
Review Questions ...................................................................................................................................... 1
Case Problems .................................................................................................................................................................. 5
Problem 1 .................................................................................................................................................. 5
Problem 2 .................................................................................................................................................. 6
Practical Assignments ................................................................................................................................ 6
Assignments
1.1 Answer will vary depending on jurisdiction.
1.2 This assignment has several possible responses. Much will depend on the individual student and
the scenarios chosen. Some possible plans for Jacob Weizman’s will to transfer the three farms
and the $100,000 to his five daughters in equal shares are the following:
• He can establish a trust to hold and manage the three farms with the $100,000 being
used as startup or operating capital. The five daughters can be named as equal
beneficiaries.
• He can transfer each of the farms to the five daughters equally as joint tenants with rights
of survivorship. The $100,000 can be split equally among the five daughters.
• He can transfer title to the farms to the executor of his estate with the direction that the
properties are to be sold and the proceeds, along with the $100,000, divided equally
among the five daughters.
• He can discuss the situation with his daughters to determine if any of them want the
farms and, if so, devise each farm in equal shares to two daughters (approximate value
$100,000 each) as appropriate, sell the farms that the daughters do not want and
distribute the proceeds, approximating the $100,000 value of the real estate, among the
remaining daughters, with any overage, shared by all five.
Review Questions
1. Explain the reasons why many Americans die without wills.
Solution:
• Some do not want to discuss or face their mortality.
• Some are reluctant to discuss their property and finances with strangers.
• Some procrastinate.
• Some cite cost as a reason to avoid writing a will.
© 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible 1
website, in whole or in part.
, Solution and Answer Guide: Walter, Wills, Trusts, and Estate Administration 2022, 9780357452196;
Chapter 01: The Estate Plan and the Purpose and Need for a Will
• Some people are prohibited by statute from writing wills (e.g., minors and incompetent
persons).
• Some people do not need a will because they have limited or no property.
• Some have no heirs and feel they have no need for a will.
• Some are satisfied with the distribution provided by the intestate succession statutes of
their state.
• Some attempt to create a will, but it is declared invalid by the probate court due to
improper execution.
• Some use “will substitutes” such as joint tenancy, trusts, inter vivos gifts, transfer-on-death
deeds, and life insurance.
2. What does it mean to say the maker of a will has testamentary capacity? How does it differ from
legal capacity?
Solution:
Testamentary capacity means that the maker or testator must be old enough to write a will and
be of “sound mind” at the time the will is made. It refers to the requirements of state statutes for
a person to make a will. Legal capacity does not necessarily hinge upon age.
3. List your state’s statutory requirements for the execution of a will. How do your state’s requirements
for a valid will differ from those of other states?
Solution:
Most states require the following:
• Legal capacity (generally age 18 or older).
• Testamentary capacity (sound mind).
• Will must be written/printed (some states allow handwritten or oral).
• Signed by testator in presence of competent witnesses (some states allow “X” or proxy
signature) (definition of “presence” varies with states and is evolving with electronic wills)
(many states required signature at end of will).
• Dated.
• Be attested and signed by competent witnesses (unless holographic of nuncupative)
(most states require two witnesses).
4. Since the terminology included in this chapter is essential to your understanding of legal concepts
and procedures presented in future chapters and your practice in the fields of wills, trusts, and
estates, write out your own definition of each key term in this chapter. Are your definitions
essentially the same as those in the text?
Solution:
Here are the key terms to be defined:
testament
estate plan
disposition
will
statutes
legal capacity
testamentary capacity
© 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible 2
website, in whole or in part.
, Solution and Answer Guide: Walter, Wills, Trusts, and Estate Administration 2022, 9780357452196;
Chapter 01: The Estate Plan and the Purpose and Need for a Will
testator (male)/testatrix (female)
sound mind
execution of a valid will
holographic will
beneficiary [of a will]
formal probate
informal probate
Uniform Probate Code (UPC)
probate court
domicile
real property
ambulatory
codicil
letter of instructions
surviving spouse
apportionment clause
residuary estate
legatee
pro rata
tenancy in common
tenant in common
intestate succession statutes
guardian
spouse’s statutory, forced, or elective share
ward
incompetent person
personal guardian
property guardian
fiduciary
heir
fiduciary duty
adoptive parent
conservator
testamentary trust
inter vivos or living trust
trust
settlor
legal title [of a trust]
trustee
beneficiary [of a trust]
equitable title [of a trust]
bypass trust
principal
federal estate tax
income
public (charitable) trust
personal representative
executor or executrix
© 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible 3
website, in whole or in part.
, Solution and Answer Guide: Walter, Wills, Trusts, and Estate Administration 2022, 9780357452196;
Chapter 01: The Estate Plan and the Purpose and Need for a Will
administrator or administratrix
transfer-on-death deed or beneficiary deed
joint tenancy
domiciliary administration
5. Can a will be changed or revoked? Explain.
Solution:
Wills take effect only when the testator dies. Until then, wills are considered ambulatory, able to
be revoked, and subject to change any time before death. The testator can review and modify the
will as often as they wish and at any time by adding, deleting, or
changing gifts, beneficiaries, clauses of the will, or fiduciaries. Also, the testator can sell or dispose
of any property listed in the will before death. If the modification is a simple one, a codicil or
amendment to the will is sufficient; however, if the changes are numerous or major, a new will
should be executed.
6. List and explain the various reasons or purposes for making a will.
Solution:
• The primary function of a will is to allow the testator the opportunity to accurately
describe the property owned at death and to designate to whom that property is to be
distributed. Another reason is it allows a testator to preplan their funeral and burial, which
takes a burden off the grieving family. Although a will allows a testator to express their
personal wishes in this area, the reality is that such preplanning may be futile either
because the will is not found in time or because the family simply disobeys or ignores the
instructions.
• Wills allow a testator to provide for organ donations. It is also advisable that the testator
execute an organ donor identification card.
• Wills allow a testator to donate their body for medical research.
• Wills allow a testator to consider appropriate apportionment clauses to the will to
determine the source from which death or estate taxes will be paid. This allows the
testator to take advantage of any tax benefits and to ensure that the estate goes to those
persons that they intended. It may prevent the unintentional result of placing family
members in a hardship situation.
• The testator can plan for and avoid ill-advised and awkward property distributions such
as serious personality conflicts that might occur between/among the resulting co-owners
of the testator’s property.
• Wills allow the testator to appropriately provide for a surviving spouse and the individual
needs of children.
• Wills allow the testator to appoint property and personal guardians for any minor
children according to the law and for any incompetent persons.
• Wills allow a testator to create a testamentary trust, which may reduce death and estate taxes
and avoid the difficulties to property guardianship, such as control, delay, and expense.
• Wills allow the testator the authority to choose the personal representative who will
administer their estate.
7. Identify six examples of “will substitutes” and discuss how each might possibly be used to eliminate
the need for a will.
© 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible 4
website, in whole or in part.
, Solution and Answer Guide: Walter, Wills, Trusts, and Estate Administration 2022, 9780357452196;
Chapter 01: The Estate Plan and the Purpose and Need for a Will
Solution:
• A joint tenancy is a will substitute because of the right of survivorship that is characteristic
of the ownership.
• Persons might rely on life insurance, naming a specific beneficiary as the recipient of the
proceeds, which are not declared as income or as a gift to the beneficiary, resulting in no
tax being owed.
• An inter vivos trust that takes effect during the testator’s life is an option to avoid a will.
This allows the settlor of the trust to determine the controlling provisions of the trust.
• Inter vivos gifts are another mechanism used as a substitute for a will. Individuals are
allowed to give, free of gift tax, up to $15,000 per year/per donee or $30,000 per year/per
donee (for 2020—these amounts are periodically increased) if the gift is from both
spouses. This reduces the estate of the testator and places the estate assets in the hands
of those persons whom the testator chooses.
• A community property agreement acts as a will substitute. The community estate passes
to the surviving spouse without probate.
• Transfer-on-death or beneficiary deed/affidavit is a will substitute. It is a revocable
transfer of real estate and does not transfer ownership until death of the owner.
Case Problems
Problem 1
Cho Wang handwrote a three-page will in pencil. At the end of the business day, he took the will to an
attorney and asked that it be typed. Since Cho mentioned that he was leaving on a vacation and would be
out of state for one week, the paralegal for the firm asked if he would like to sign the handwritten
(holographic) will. Cho did sign the will, but he also stated that he would return after his trip to sign “his
will,” i.e., the typed will. While on vacation, Cho suddenly became ill and died. Answer the following:
A. Is a signed holographic will a valid will in your state?
Solution:
The following states recognize holographic wills: Alaska, Arizona, Arkansas, California, Colorado,
Idaho, Kentucky, Louisiana, Maine, Michigan, Mississippi, Montana, Nebraska, Nevada, New
Jersey, North Carolina, North Dakota, Oklahoma, Pennsylvania, South Dakota, Tennessee, Texas,
Utah, Virginia, West Virginia, and Wyoming.
The following states do not recognize holographic wills made within the state, but recognize such
wills under a “foreign wills” provision (i.e., the will was drafted wholly within, and in accordance
with and is valid under the laws of, another jurisdiction): Hawaii, Iowa, Louisiana, Connecticut,
Oregon, South Carolina, Washington, and Wisconsin.
Maryland and New York recognize holographic wills only if made by members of the Armed
Forces and are void one year after discharge from service.
B. Are witnesses required for a holographic will?
Solution:
If the state recognizes holographic wills, witnesses are not required.
© 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible 5
website, in whole or in part.
, Solution and Answer Guide: Walter, Wills, Trusts, and Estate Administration 2022, 9780357452196;
Chapter 01: The Estate Plan and the Purpose and Need for a Will
C. Should the executed holographic will operate as Cho’s will pending the execution of the
typewritten will? Explain. See and compare In re Teubert’s Estate, 171 W.Va. 226, 298 S. E.2d 456
(1982).
Solution:
Answer will vary with state but most states will determine there was no testamentary intent for
this to be Cho’s will as he planned on executing “his will” upon his return. Use the above cited
case to assist you in finding the status of the law in your state.
Problem 2
Raj Gupta died testate. He was survived by 27 nieces and nephews. Raj had little formal education and
had not learned how to write his signature; therefore, he signed his name with a mark, i.e., an “X.” Raj’s
nieces and nephews challenged the validity of his will. They claimed the will had been improperly
executed because he signed with an “X.”
A. Is a testator’s mark, i.e., an “X,” sufficient to satisfy the signature requirement for a valid will in
your state? Cite the statute or case law.
Solution:
Answer will vary according to state law.
B. In your opinion, if there is no statute or case law on this issue in your state, how should your state
court decide this issue? See and compare In re Hobelsberger’s Estate, 85 S.D. 282, 181 N.W.2d 455
(1970).
Solution:
Answer will vary according to state law. Use the above-cited case to assist you in finding the
status of the law in your state.
Practical Assignments
1. Draft a clause that would be included in a letter of instruction that contains instructions regarding
the donation of your organs upon death.
Solution:
I, ______________ , of the city of ____________and state of __________ hereby give any and all of my
needed organs, tissues, or parts to be used as authorized by law, without any limitations. This
Anatomical Gift will take place upon the declaration of my death.
I revoke any previous document or writing regarding donation of my organs, tissues, or parts and
declare that this document takes priority over any previous documents or writings, if any. If any
provision of this document is deemed to be invalid, such invalidity shall not affect the other
provisions, which can be given effect without the invalid provision. To this end, the provisions and
directions of this document are severable.
2. Locate your state statute regarding intestate succession. Apply the statute to your estate to
determine who would inherit from you if you died without a will.
Solution:
Answers will vary depending on state law.
© 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible 6
website, in whole or in part.
, Solution and Answer Guide: Walter, Wills, Trusts, and Estate Administration 2022, 9780357452196;
Chapter 01: The Estate Plan and the Purpose and Need for a Will
3. Examine the last will and testament of Elvis Presley (see www.ibiblio.org/elvis /elvwill.html). Who
did Elvis appoint as the executor of his estate? Did Elvis name an alternate executor? If so, who?
Solution:
Elvis appointed his father, Vernon E. Presley, as the executor of his last will and testament. The
named alternate was National Bank of Commerce, Memphis, Tennessee.
© 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible 7
website, in whole or in part.
, Solution and Answer Guide: Walter, Wills, Trusts, and Estate Administration 2022, 9780357452196;
Chapter 02: The Concept of Property Related to Wills, Trusts, and Estate Administration
Solution and Answer Guide
Walter, Wills, Trusts, and Estate Administration 2022, 9780357452196,
Chapter 02: The Concept of Property Related to Wills, Trusts, and Estate Administration
Table of Contents
Assignment 2.1 ................................................................................................................................................................. 2
Assignment 2.2 ................................................................................................................................................................. 3
Assignment 2.3 ................................................................................................................................................................. 3
Assignment 2.4 ................................................................................................................................................................. 4
Assignment 2.5 ................................................................................................................................................................. 4
Assignment 2.6 ................................................................................................................................................................. 4
Assignment 2.7 ................................................................................................................................................................. 4
Assignment 2.8 ................................................................................................................................................................. 4
Assignment 2.9 ................................................................................................................................................................. 4
Assignment 2.10 ............................................................................................................................................................... 4
Assignment 2.11 ............................................................................................................................................................... 4
Assignment 2.12 ............................................................................................................................................................... 5
Assignment 2.13 ............................................................................................................................................................... 5
Assignment 2.14 ............................................................................................................................................................... 5
Assignment 2.15 ............................................................................................................................................................... 5
Assignment 2.16 ............................................................................................................................................................... 5
Assignment 2.17 ............................................................................................................................................................... 6
Assignment 2.18 ............................................................................................................................................................... 6
Assignment 2.19 ............................................................................................................................................................... 6
Assignment 2.20 ............................................................................................................................................................... 6
Review Question #1 .......................................................................................................................................................... 6
Review Question #2 .......................................................................................................................................................... 7
Review Question #3 .......................................................................................................................................................... 7
Review Question #4 .......................................................................................................................................................... 7
Review Question #5 .......................................................................................................................................................... 7
Review Question #6 .......................................................................................................................................................... 7
Review Question #7 .......................................................................................................................................................... 8
Review Question #8 .......................................................................................................................................................... 8
Review Question #9 .......................................................................................................................................................... 8
Review Question #10........................................................................................................................................................ 9
Review Question #11........................................................................................................................................................ 9
© 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly 1
accessible website, in whole or in part.
Administration, 9th Edition Janis Walter
Notes
1- The file is chapter after chapter.
2- We have shown you few pages sample.
3- The file contains all Appendix and Excel
sheet if it exists.
4- We have all what you need, we make
update at every time. There are many new
editions waiting you.
5- If you think you purchased the wrong file
You can contact us at every time, we can
replace it with true one.
Our email:
, Solution and Answer Guide: Walter, Wills, Trusts, and Estate Administration 2022, 9780357452196;
Chapter 01: The Estate Plan and the Purpose and Need for a Will
Solution and Answer Guide
Walter, Wills, Trusts, and Estate Administration 2022, 9780357452196,
Chapter 01: The Estate Plan and the Purpose and Need for a Will
Table of Contents
Assignments .............................................................................................................................................. 1
Review Questions ...................................................................................................................................... 1
Case Problems .................................................................................................................................................................. 5
Problem 1 .................................................................................................................................................. 5
Problem 2 .................................................................................................................................................. 6
Practical Assignments ................................................................................................................................ 6
Assignments
1.1 Answer will vary depending on jurisdiction.
1.2 This assignment has several possible responses. Much will depend on the individual student and
the scenarios chosen. Some possible plans for Jacob Weizman’s will to transfer the three farms
and the $100,000 to his five daughters in equal shares are the following:
• He can establish a trust to hold and manage the three farms with the $100,000 being
used as startup or operating capital. The five daughters can be named as equal
beneficiaries.
• He can transfer each of the farms to the five daughters equally as joint tenants with rights
of survivorship. The $100,000 can be split equally among the five daughters.
• He can transfer title to the farms to the executor of his estate with the direction that the
properties are to be sold and the proceeds, along with the $100,000, divided equally
among the five daughters.
• He can discuss the situation with his daughters to determine if any of them want the
farms and, if so, devise each farm in equal shares to two daughters (approximate value
$100,000 each) as appropriate, sell the farms that the daughters do not want and
distribute the proceeds, approximating the $100,000 value of the real estate, among the
remaining daughters, with any overage, shared by all five.
Review Questions
1. Explain the reasons why many Americans die without wills.
Solution:
• Some do not want to discuss or face their mortality.
• Some are reluctant to discuss their property and finances with strangers.
• Some procrastinate.
• Some cite cost as a reason to avoid writing a will.
© 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible 1
website, in whole or in part.
, Solution and Answer Guide: Walter, Wills, Trusts, and Estate Administration 2022, 9780357452196;
Chapter 01: The Estate Plan and the Purpose and Need for a Will
• Some people are prohibited by statute from writing wills (e.g., minors and incompetent
persons).
• Some people do not need a will because they have limited or no property.
• Some have no heirs and feel they have no need for a will.
• Some are satisfied with the distribution provided by the intestate succession statutes of
their state.
• Some attempt to create a will, but it is declared invalid by the probate court due to
improper execution.
• Some use “will substitutes” such as joint tenancy, trusts, inter vivos gifts, transfer-on-death
deeds, and life insurance.
2. What does it mean to say the maker of a will has testamentary capacity? How does it differ from
legal capacity?
Solution:
Testamentary capacity means that the maker or testator must be old enough to write a will and
be of “sound mind” at the time the will is made. It refers to the requirements of state statutes for
a person to make a will. Legal capacity does not necessarily hinge upon age.
3. List your state’s statutory requirements for the execution of a will. How do your state’s requirements
for a valid will differ from those of other states?
Solution:
Most states require the following:
• Legal capacity (generally age 18 or older).
• Testamentary capacity (sound mind).
• Will must be written/printed (some states allow handwritten or oral).
• Signed by testator in presence of competent witnesses (some states allow “X” or proxy
signature) (definition of “presence” varies with states and is evolving with electronic wills)
(many states required signature at end of will).
• Dated.
• Be attested and signed by competent witnesses (unless holographic of nuncupative)
(most states require two witnesses).
4. Since the terminology included in this chapter is essential to your understanding of legal concepts
and procedures presented in future chapters and your practice in the fields of wills, trusts, and
estates, write out your own definition of each key term in this chapter. Are your definitions
essentially the same as those in the text?
Solution:
Here are the key terms to be defined:
testament
estate plan
disposition
will
statutes
legal capacity
testamentary capacity
© 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible 2
website, in whole or in part.
, Solution and Answer Guide: Walter, Wills, Trusts, and Estate Administration 2022, 9780357452196;
Chapter 01: The Estate Plan and the Purpose and Need for a Will
testator (male)/testatrix (female)
sound mind
execution of a valid will
holographic will
beneficiary [of a will]
formal probate
informal probate
Uniform Probate Code (UPC)
probate court
domicile
real property
ambulatory
codicil
letter of instructions
surviving spouse
apportionment clause
residuary estate
legatee
pro rata
tenancy in common
tenant in common
intestate succession statutes
guardian
spouse’s statutory, forced, or elective share
ward
incompetent person
personal guardian
property guardian
fiduciary
heir
fiduciary duty
adoptive parent
conservator
testamentary trust
inter vivos or living trust
trust
settlor
legal title [of a trust]
trustee
beneficiary [of a trust]
equitable title [of a trust]
bypass trust
principal
federal estate tax
income
public (charitable) trust
personal representative
executor or executrix
© 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible 3
website, in whole or in part.
, Solution and Answer Guide: Walter, Wills, Trusts, and Estate Administration 2022, 9780357452196;
Chapter 01: The Estate Plan and the Purpose and Need for a Will
administrator or administratrix
transfer-on-death deed or beneficiary deed
joint tenancy
domiciliary administration
5. Can a will be changed or revoked? Explain.
Solution:
Wills take effect only when the testator dies. Until then, wills are considered ambulatory, able to
be revoked, and subject to change any time before death. The testator can review and modify the
will as often as they wish and at any time by adding, deleting, or
changing gifts, beneficiaries, clauses of the will, or fiduciaries. Also, the testator can sell or dispose
of any property listed in the will before death. If the modification is a simple one, a codicil or
amendment to the will is sufficient; however, if the changes are numerous or major, a new will
should be executed.
6. List and explain the various reasons or purposes for making a will.
Solution:
• The primary function of a will is to allow the testator the opportunity to accurately
describe the property owned at death and to designate to whom that property is to be
distributed. Another reason is it allows a testator to preplan their funeral and burial, which
takes a burden off the grieving family. Although a will allows a testator to express their
personal wishes in this area, the reality is that such preplanning may be futile either
because the will is not found in time or because the family simply disobeys or ignores the
instructions.
• Wills allow a testator to provide for organ donations. It is also advisable that the testator
execute an organ donor identification card.
• Wills allow a testator to donate their body for medical research.
• Wills allow a testator to consider appropriate apportionment clauses to the will to
determine the source from which death or estate taxes will be paid. This allows the
testator to take advantage of any tax benefits and to ensure that the estate goes to those
persons that they intended. It may prevent the unintentional result of placing family
members in a hardship situation.
• The testator can plan for and avoid ill-advised and awkward property distributions such
as serious personality conflicts that might occur between/among the resulting co-owners
of the testator’s property.
• Wills allow the testator to appropriately provide for a surviving spouse and the individual
needs of children.
• Wills allow the testator to appoint property and personal guardians for any minor
children according to the law and for any incompetent persons.
• Wills allow a testator to create a testamentary trust, which may reduce death and estate taxes
and avoid the difficulties to property guardianship, such as control, delay, and expense.
• Wills allow the testator the authority to choose the personal representative who will
administer their estate.
7. Identify six examples of “will substitutes” and discuss how each might possibly be used to eliminate
the need for a will.
© 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible 4
website, in whole or in part.
, Solution and Answer Guide: Walter, Wills, Trusts, and Estate Administration 2022, 9780357452196;
Chapter 01: The Estate Plan and the Purpose and Need for a Will
Solution:
• A joint tenancy is a will substitute because of the right of survivorship that is characteristic
of the ownership.
• Persons might rely on life insurance, naming a specific beneficiary as the recipient of the
proceeds, which are not declared as income or as a gift to the beneficiary, resulting in no
tax being owed.
• An inter vivos trust that takes effect during the testator’s life is an option to avoid a will.
This allows the settlor of the trust to determine the controlling provisions of the trust.
• Inter vivos gifts are another mechanism used as a substitute for a will. Individuals are
allowed to give, free of gift tax, up to $15,000 per year/per donee or $30,000 per year/per
donee (for 2020—these amounts are periodically increased) if the gift is from both
spouses. This reduces the estate of the testator and places the estate assets in the hands
of those persons whom the testator chooses.
• A community property agreement acts as a will substitute. The community estate passes
to the surviving spouse without probate.
• Transfer-on-death or beneficiary deed/affidavit is a will substitute. It is a revocable
transfer of real estate and does not transfer ownership until death of the owner.
Case Problems
Problem 1
Cho Wang handwrote a three-page will in pencil. At the end of the business day, he took the will to an
attorney and asked that it be typed. Since Cho mentioned that he was leaving on a vacation and would be
out of state for one week, the paralegal for the firm asked if he would like to sign the handwritten
(holographic) will. Cho did sign the will, but he also stated that he would return after his trip to sign “his
will,” i.e., the typed will. While on vacation, Cho suddenly became ill and died. Answer the following:
A. Is a signed holographic will a valid will in your state?
Solution:
The following states recognize holographic wills: Alaska, Arizona, Arkansas, California, Colorado,
Idaho, Kentucky, Louisiana, Maine, Michigan, Mississippi, Montana, Nebraska, Nevada, New
Jersey, North Carolina, North Dakota, Oklahoma, Pennsylvania, South Dakota, Tennessee, Texas,
Utah, Virginia, West Virginia, and Wyoming.
The following states do not recognize holographic wills made within the state, but recognize such
wills under a “foreign wills” provision (i.e., the will was drafted wholly within, and in accordance
with and is valid under the laws of, another jurisdiction): Hawaii, Iowa, Louisiana, Connecticut,
Oregon, South Carolina, Washington, and Wisconsin.
Maryland and New York recognize holographic wills only if made by members of the Armed
Forces and are void one year after discharge from service.
B. Are witnesses required for a holographic will?
Solution:
If the state recognizes holographic wills, witnesses are not required.
© 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible 5
website, in whole or in part.
, Solution and Answer Guide: Walter, Wills, Trusts, and Estate Administration 2022, 9780357452196;
Chapter 01: The Estate Plan and the Purpose and Need for a Will
C. Should the executed holographic will operate as Cho’s will pending the execution of the
typewritten will? Explain. See and compare In re Teubert’s Estate, 171 W.Va. 226, 298 S. E.2d 456
(1982).
Solution:
Answer will vary with state but most states will determine there was no testamentary intent for
this to be Cho’s will as he planned on executing “his will” upon his return. Use the above cited
case to assist you in finding the status of the law in your state.
Problem 2
Raj Gupta died testate. He was survived by 27 nieces and nephews. Raj had little formal education and
had not learned how to write his signature; therefore, he signed his name with a mark, i.e., an “X.” Raj’s
nieces and nephews challenged the validity of his will. They claimed the will had been improperly
executed because he signed with an “X.”
A. Is a testator’s mark, i.e., an “X,” sufficient to satisfy the signature requirement for a valid will in
your state? Cite the statute or case law.
Solution:
Answer will vary according to state law.
B. In your opinion, if there is no statute or case law on this issue in your state, how should your state
court decide this issue? See and compare In re Hobelsberger’s Estate, 85 S.D. 282, 181 N.W.2d 455
(1970).
Solution:
Answer will vary according to state law. Use the above-cited case to assist you in finding the
status of the law in your state.
Practical Assignments
1. Draft a clause that would be included in a letter of instruction that contains instructions regarding
the donation of your organs upon death.
Solution:
I, ______________ , of the city of ____________and state of __________ hereby give any and all of my
needed organs, tissues, or parts to be used as authorized by law, without any limitations. This
Anatomical Gift will take place upon the declaration of my death.
I revoke any previous document or writing regarding donation of my organs, tissues, or parts and
declare that this document takes priority over any previous documents or writings, if any. If any
provision of this document is deemed to be invalid, such invalidity shall not affect the other
provisions, which can be given effect without the invalid provision. To this end, the provisions and
directions of this document are severable.
2. Locate your state statute regarding intestate succession. Apply the statute to your estate to
determine who would inherit from you if you died without a will.
Solution:
Answers will vary depending on state law.
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website, in whole or in part.
, Solution and Answer Guide: Walter, Wills, Trusts, and Estate Administration 2022, 9780357452196;
Chapter 01: The Estate Plan and the Purpose and Need for a Will
3. Examine the last will and testament of Elvis Presley (see www.ibiblio.org/elvis /elvwill.html). Who
did Elvis appoint as the executor of his estate? Did Elvis name an alternate executor? If so, who?
Solution:
Elvis appointed his father, Vernon E. Presley, as the executor of his last will and testament. The
named alternate was National Bank of Commerce, Memphis, Tennessee.
© 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible 7
website, in whole or in part.
, Solution and Answer Guide: Walter, Wills, Trusts, and Estate Administration 2022, 9780357452196;
Chapter 02: The Concept of Property Related to Wills, Trusts, and Estate Administration
Solution and Answer Guide
Walter, Wills, Trusts, and Estate Administration 2022, 9780357452196,
Chapter 02: The Concept of Property Related to Wills, Trusts, and Estate Administration
Table of Contents
Assignment 2.1 ................................................................................................................................................................. 2
Assignment 2.2 ................................................................................................................................................................. 3
Assignment 2.3 ................................................................................................................................................................. 3
Assignment 2.4 ................................................................................................................................................................. 4
Assignment 2.5 ................................................................................................................................................................. 4
Assignment 2.6 ................................................................................................................................................................. 4
Assignment 2.7 ................................................................................................................................................................. 4
Assignment 2.8 ................................................................................................................................................................. 4
Assignment 2.9 ................................................................................................................................................................. 4
Assignment 2.10 ............................................................................................................................................................... 4
Assignment 2.11 ............................................................................................................................................................... 4
Assignment 2.12 ............................................................................................................................................................... 5
Assignment 2.13 ............................................................................................................................................................... 5
Assignment 2.14 ............................................................................................................................................................... 5
Assignment 2.15 ............................................................................................................................................................... 5
Assignment 2.16 ............................................................................................................................................................... 5
Assignment 2.17 ............................................................................................................................................................... 6
Assignment 2.18 ............................................................................................................................................................... 6
Assignment 2.19 ............................................................................................................................................................... 6
Assignment 2.20 ............................................................................................................................................................... 6
Review Question #1 .......................................................................................................................................................... 6
Review Question #2 .......................................................................................................................................................... 7
Review Question #3 .......................................................................................................................................................... 7
Review Question #4 .......................................................................................................................................................... 7
Review Question #5 .......................................................................................................................................................... 7
Review Question #6 .......................................................................................................................................................... 7
Review Question #7 .......................................................................................................................................................... 8
Review Question #8 .......................................................................................................................................................... 8
Review Question #9 .......................................................................................................................................................... 8
Review Question #10........................................................................................................................................................ 9
Review Question #11........................................................................................................................................................ 9
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accessible website, in whole or in part.
