FERGUSON Versus CRITOPOULOS 163 So.3d 330
Order ID 53563633773 Type Essay Writer Level Masters Style APA Sources/References 4 Perfect Number of Pages to Order 5-10 Pages Description/Paper Instructions
FERGUSON v. CRITOPOULOS 163 So.3d 330Topic: Real EstatePaper details:
Reply to the question for each Case study. Response should be at least a paragraph each 1. Is it fair for a court to determine the decedent’s intent to omit a spouse through the actions of providing for a spouse consistent with actions most spouses would undertake? CASE 17.1 AN OMITTED SPOUSE WHO WAS PROVIDED FOR OUTSIDE OF THE WILL MAY NOT BE ENTITLED TO COLLECT INHERITANCEFERGUSON v. CRITOPOULOS163 So.3d 330 (2014)Alabama Supreme Court Dimitrios Critopoulos had been married to Dorothy Marie Hayes Critopoulos for 35 years when she preceded him in death. Dorothy had three children from a prior marriage, one of whom was the plaintiff, Tiger Ferguson (“Ferguson”).
Dimitrios never adopted Dorothy’s three children; however, he and the children enjoyed a parent-child relationship.
The three children were named residual beneficiaries under his will. Prior to his death, he married Katina Critopoulos (“Katina”). At the time of his death, he had a valid will; however, the will was executed prior to his marriage with Katina and made no provision for her. Ferguson filed a petition to probate Dimitrios’s will.
Katina filed a petition for an omitted-spouse share of the decedent’s estate. Ferguson filed a response to Katina’s petition, claiming the decedent had provided for Katina outside of the will, including checking accounts, life insurance, and retirement benefits, and thus she was not entitled to an omitted-spouse share. The probate court held for Katina. Ferguson appealed. Language of the Court.
The purpose of the probate statute is to avoid an unintentional disinheritance of the spouse of a testator who had executed a will prior to the parties’ marriage. It serves to give effect to the probable intent of the testator and protects the surviving spouse.
There are two exceptions to allowing an omitted spouse an intestate share: (1) if it appears from the will that the omission of the surviving spouse was intentional or (2) if the testator provided for the surviving spouse with transfers outside the will with the intent that those transfers were in lieu of a provision in the will. If either exception exists, the surviving spouse is not entitled to a share as an omitted spouse.
Nothing in the decedent’s will indicates that the omission of Katina from the will was intentional; therefore, the first exception to the omitted-spouse share is not applicable. As to the second exception, the decedent, during his brief marriage to Katina, changed beneficiaries on his retirement accounts and insurance policies. He was considering changing his will, but did not do so. In short, he considered his old will in relation to his new marriage.
He also substantially provided for Katina; Katina acknowledges that, if she received the intestate share, she would be receiving more than the decedent intended her to have.In the present case, the amount of the transfers made during the marriage, along with the testimony that the decedent considered the terms of his will, the fact that Katina was not included in the will, the fact that the decedent did not change his will, and the fact that the will ultimately benefited Dorothy’s children provide reasonable proof to satisfy Tiger’s burden of proving an exception to the omitted-spouse share under the facts of this case. Decision.
The Supreme Court of Alabama reversed, finding Katina was not entitled to an omitted-spouse share. Focus on Ethics Is it fair for a court to determine the decedent’s intent to omit a spouse through the actions of providing for a spouse consistent with actions most spouses would undertake?
2. Is is fair that the government is given a superior position to that of a prior lender that may be more seriously damaged in the event of a loan default and resulting foreclosure? CASE 19.1 A STATUTE MAY GIVE PRIORITY TO PROPERTY TAX LIENS OVER ALL OTHER LIENSWELLS FARGO BANK, MINNESOTA, N.A. v. COMMONWEALTH OF KENTUCKY345 S.W.3d 800 (2011)Kentucky Supreme Court his case arises out of the refinancing of a mortgage wherein the property owners failed to satisfy the debt obligations owing to Wells Fargo, and Wells Fargo thereafter foreclosed on the property. Wells Fargo argued that its mortgage was superior to general tax liens that were recorded on the title to the property by the Commonwealth of Kentucky’s Department of Revenue (“Commonwealth”).
The trial court found in favor of Wells Fargo. The Commonwealth appealed and the court of appeals reversed holding in favor of the Commonwealth. Wells Fargo appealed to the state supreme court. Language of the Court. This Court has long held that that the first creditor to file its lien enjoys the first right to the debtor’s property.
This general rule of lien preference has become known as “first in time, first in right.” It is without question, however, that the Kentucky General Assembly is empowered to create statutory liens and establish their priorities; but, absent a statute giving precedence to a statutory lien, its rank is determined under the principle of first in time, first in right. Kentucky statutes specifically establish a priority for the tax liens created therein.
With this underlying policy in mind, the legislature created the machinery for collection of its taxes and provided those tax liens priority over subsequent holders of security interests. Accordingly, we hold that the plain language of the Kentucky statutes establishes that a tax lien created and filed in accordance with those sections enjoys a priority over all subsequent purchasers, judgment lien creditors, security interest holders, and mechanic’s lien creditors. Decision.
The Supreme Court of Kentucky affirmed the court of appeals ruling that the mortgages were not superior to a general tax lien. Focus on Ethics Is it fair that the government is given a superior position to that of a prior lender that may be more seriously damaged in the event of a loan default and resulting foreclosure?
FERGUSON Versus CRITOPOULOS 163 So.3d 330
RUBRIC
QUALITY OF RESPONSE NO RESPONSE POOR / UNSATISFACTORY SATISFACTORY GOOD EXCELLENT Content (worth a maximum of 50% of the total points) Zero points: Student failed to submit the final paper. 20 points out of 50: The essay illustrates poor understanding of the relevant material by failing to address or incorrectly addressing the relevant content; failing to identify or inaccurately explaining/defining key concepts/ideas; ignoring or incorrectly explaining key points/claims and the reasoning behind them; and/or incorrectly or inappropriately using terminology; and elements of the response are lacking. 30 points out of 50: The essay illustrates a rudimentary understanding of the relevant material by mentioning but not full explaining the relevant content; identifying some of the key concepts/ideas though failing to fully or accurately explain many of them; using terminology, though sometimes inaccurately or inappropriately; and/or incorporating some key claims/points but failing to explain the reasoning behind them or doing so inaccurately. Elements of the required response may also be lacking. 40 points out of 50: The essay illustrates solid understanding of the relevant material by correctly addressing most of the relevant content; identifying and explaining most of the key concepts/ideas; using correct terminology; explaining the reasoning behind most of the key points/claims; and/or where necessary or useful, substantiating some points with accurate examples. The answer is complete. 50 points: The essay illustrates exemplary understanding of the relevant material by thoroughly and correctly addressing the relevant content; identifying and explaining all of the key concepts/ideas; using correct terminology explaining the reasoning behind key points/claims and substantiating, as necessary/useful, points with several accurate and illuminating examples. No aspects of the required answer are missing. Use of Sources (worth a maximum of 20% of the total points). 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FERGUSON Versus CRITOPOULOS 163 So.3d 330
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