Wills, Trusts, and Estates

Fact pattern

An elderly widow has two adult children, a son and a daughter. The son is married and has three children with his wife. The daughter is married and has two children with her husband. The daughter’s youngest child is two years old. 

One day, the widow is driving in the car with her daughter, her daughter’s two-year-old child, and one of her son’s children when they are hit by a bus. The widow and the son’s child are killed instantly. The daughter and the daughter’s child are taken to the hospital with critical injuries. The daughter dies three days after the widow. The daughter’s child dies six days after the daughter.

The widow’s validly executed will provides for the following distribution of her property: “$100,000 to each of my children; $60,000 to my living grandchildren; the rest and residue of my estate to my church.” At the time the widow wrote and executed the will, she had only three grandchildren, all from her son. The daughter’s two children were born after the execution of the will. 

None of the widow’s surviving children or grandchildren know which church the widow attended. A local pastor wishes to testify in probate court that the widow attended his church regularly.

The law in this jurisdiction mirrors the Uniform Probate Code. 

Questions

1. Should the probate court allow the pastor to present evidence that the widow attended his church? Explain.
2. Not including the residual portion, how should the widow's estate be distributed, including any subsequent distributions from devisees who are now deceased? Explain.