Midterm Essаy Exаminаtiоn - Fall 2026 LA 803 - Wills, Trusts and Estates Prоf. Andersоn In 2000, Tess Tater and her husband Herb planned to sail around the world with their grown son Carl on the $300,000 catamaran Tess bought before they married. The night before they left, as she was packing, Tess asked Herb to hand write a note to leave on the desk, she watched as he wrote and he read it back to her. “I am Tess Tator. If anything happens to me on this adventure, I want to leave my ’65 Mustang (that I bought new) to my friend Frida, $50,000 to my sister Sue, all my community property to my husband, and everything else to be divided equally between my husband and my son.” While at sea, Herb fell overboard on night watch without his safety line. He was never found. Heartbroken, Tess and Carl sailed home. In 2010, when Tess married Howard, she typed and printed out the following, “When I die, I want to leave everything the same as in my handwritten will, except Howard is my husband now.” She forgot to date it. Howard watched her sign then signed as a witness. The next day, Tess invited neighbors Ned and Nan over for coffee. She showed them the new will, told them she had signed the day before, and asked them to sign as witnesses. Ned signed right away, but Nan heard their dog barking and left to see why. Nan returned a little later and signed. Frida stopped by just then and Tess asked her to sign as a witness too. In 2020, Tess died, survived by Howard, Carl, Sue and Frida. Her estate consisted of: The catamaran worth $300,000 The ’65 Mustang worth $40,000 $250,000 in a separate property bank account $400,000 in a bank account in her name funded during the marriage What rights, if any, do Howard, Carl, Frida and Sue have in Tess’s estate? Discuss. Answer according to California law. Do not discuss testamentary capacity.
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