Substrate Record: qid 1498

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qid 1498 · law

Question: Bill, a single man, owned pasture land in Deerwoods, Florida, which he leased to a tenant. He also owned a condominium in Miami, which he held for investment. In his will, he devised the pasture land to his son Tommy and the condominium to his daughter Julie. All other assets would pass equally to Tommy and Julie. Bill met Kathy and married her after she executed a valid prenuptial agreement relinquishing all rights she might otherwise enjoy by marrying Bill. On their Miami honeymoon they drove by the condominium and Kathy declared she'd love to live there. Bill was so happy with Kathy that after the honeymoon he signed and delivered to Kathy a deed conveying the condominium to himself and Kathy as an estate by the entirety and made plans to live in the condominium as soon as the tenant vacated. Bill died the next day. How are the foregoing assets distributed?

1. Kathy gets the condominium, but because Bill had originally indicated his intent to devise equally to his children, Tommy and Julie will split the remaining estate.
2. Julie receives the condominium due to her father's original will, Tommy gets the pasture land, and the rest of the estate is split between Tommy and Julie.
3. Kathy gets the condominium due to the deed, Tommy gets the pasture land, and the rest of the estate is split evenly between Tommy, Julie, and Kathy.
4. Kathy, as the surviving spouse, gets the entire estate regardless of the prenuptial agreement.
5. Tommy and Julie split all assets equally, as the prenuptial agreement nullifies any changes made after the marriage.
6. Regardless of the prenuptial agreement, Kathy is a pretermitted spouse. Since Bill leaves surviving lineal descendants who are not Kathy's, Kathy receives 50% of the estate, Tommy gets the pasture land, and Tommy and Julie split the residue of the estate.
7. Kathy gets the condominium regardless of the prenuptial agreement, Tommy takes the pasture land and Tommy and Julie split the rest of the estate.
8. Tommy receives the pasture land, Julie gets the condominium, and the rest of the estate is split between Tommy and Julie, as Kathy signed a prenuptial agreement.
9. Tommy gets the pasture land, Kathy gets the condominium due to her husband's last wish, and the remaining estate is split between Tommy, Julie, and Kathy.
10. Due to Kathy's prenuptial agreement, Tommy receives the pasture land, Julie gets the condominium and Tommy and Julie split the rest of the estate.

Our answer: G. Kathy gets the condominium regardless of the prenuptial agreement, Tommy takes the pasture land and Tommy and Julie split the rest of the estate. Source pending

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