24 February 2005
1. Mother owns some beachfront property in Gary, IN, known in the family as "Grimeacre." Devoted to Daughter, she conveys a 50% in Grimeacre to Daughter on 25 December 2004. What interest does Mother have at this point? Daughter?
2. Daughter falls in love with Ironworker, having her first date with him on 15 November 2004. As Mother gets to know Ironworker she encourages Ironworker to marry Daughter and, on 1 February 2005, conveys Mother's interest in Grimeacre to Ironworker in a deed that says, "to have and to hold in fee simple absolute as joint tenant with Daughter, with right of survivorship." What interests do Mother, Daughter and Ironworker have at this point?
3. Daughter and Ironworker get married. What interests do Mother, Daughter and Ironworker have at this point?
4. Ironworker is a secret gambler (He has other secrets as well, including one illegitimate son named "Son"). To financing his gambling, he secretly executes a mortgage on his interest in Grimeacre to Sixth Fourth Bank of Cicero, IL. Daughter knows nothing about the mortgage. On what interest does the mortgagee have a lien?
5. Ironworker still cannot pay his gambling debts. He is beat up by a Mob enforcer. The next day, still groggy from the beating and preoccupied by his financial difficulties, he is inattentive on his job helping to build an office building at 550 West Adams Street in Chicago. He was astride a steel beam fify feet above the ground when another steel beam, held aloft by a crane, hit him on the head. He died from the resulting injuries.
6. Being dead, he stops making payments on the mortgage. Sixth Fourth Bank retains you to foreclose the mortgage. What advice do you give your client as to the prospects of recovery?
7. Son retains another one of you to see if he has any interest in Grimeacre that he might mortgage to finance his drug addiction. What advice do you give him (beyond suggesting he enter a treatment program)?
8. Daughter retains yet another one of you and makes it clear that she wants everything she can get. What advice do you give her?
9. Mother retains yet someone else and asks if there is any way she can get Grimeacre back? What do you tell her?
10. After she puts this mess behind her, Mother asks you to look over a draft of her will concerning another piece of property she owns, "Remoteacre," in the mountains of West Virginia. The draft says, "I bequeathe my lovely land Remoteacre to my daughter(s) for her life, remainder over to her husband for his life, praying that he is of good character, and then to my grandchildren for so long as they do not gamble, take drugs, or work as Ironworkers." What changes would you make in the draft to effect her apparent wishes? What interests do the relevant individuals have under the draft she gives you?