To begin this case study, I would like to define a few key words that show up in the case. First, a will is a legal instrument whereby a person makes disposition of his or her property to take effect after death. Second, a living trust is created and operates before the death of a settlor. When a living trust is revocable, that means the grantor transfers the trust property to the trustee, but reserves the power to alter or terminate the arrangement and reclaim the trust property. Third, guardian ad litem is a guardian appointed by the court for a particular purpose such as defending a specific lawsuit or a legal proceeding involving a minor. Finally, probate is the process of providing a will’s validity in court and executing its provisions under the guidance of the court. When reviewing the case, there are a couple of issues. The first issue is whether Meghan is entitled to half of Linda’s estate under both the will and the trust under statute 853.25(1) as a beneficiary. This is a huge concern because Meghan was not named under Linda’s will or trust after she was born. Linda’s failure …show more content…
Meghan was born after Linda’s will and trust was set in place. James was named the primary beneficiary of both the trust and will, while Meghan had not been named under either the will or the trust. Since Linda did not name Meghan on her will or trust, it is now up to the court to decide if Meghan is entitled to benefits under either document. Under Wisconsin State Statute 853.25(1) if Linda did not want Meghan to be a beneficiary under her will she would have to omit her name intentionally or omit her by transferring outside of the will. It does not seem that Linda was intentional in omitting Meghan and did not give her benefits outside of the will. There was also no ambiguity when it came to who Linda named in her trust. James was obviously named beneficiary of the