This question should be answered using three IRAC structures. Please include all relevant key words in your answer.
A widow executes a valid holographic will leaving her property to her friends and relatives. Her will provides for the following gifts: “$100,000 to my son, the $50,000 in cash stored i the metal safe in my attic to my boyfriend, and my Van Gogh painting to my cousin.” After a falling out with her cousin, the widow executes an attested codicil that states: “I intend to leave my Van Gogh painting to my boyfriend.” The widow also gives a $30,000 check to her son, noting only that the money is for his wedding. When the widow dies, her estate consists of (1) $100,000, including the $50,000 in cash stored in the metal safe, and (2) the Van Gogh painting.
Under the Uniform Probate Code, how should the widow’s estate be distributed?
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Hint
To answer this question, you should think about and discuss first whether he attested codicil validly modified the holographic will. Next, you should think about and discuss whether the $30,000 check adeemed the $100,000 gift to the son. Finally, you should think about and discuss which gifts, if any, should be abated due to insufficient funds.
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Codicil
$30,000
Insufficient Assets
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