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Tina
Tina, Lawyer
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Experience:  JD, BBA Over 25 years legal and business experience.
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Customer Question

Following is the long description of a case: Sorry for such a long scenario. Thanks:

Oliver and Lisa Douglas have just moved to Hooterville, Arkansas because they wanted to move away from New York City. Douglas is a very prominent lawyer, but he wants to become a farmer. Yet he still feels the need to dabble in law occasionally.

Oliver and Lisa buy some property from Fred and Doris Ziffel. The Ziffel's have divided their property because, as they have gotten older, they have wanted to see their property be put to good use. They convey one half of their property to Oliver and Lisa for life, with the property going to their "son" Arnold upon Oliver's and Lisa's death. Unbeknownst to the Ziffels, local farmhand Eb Dawson has set build a small cottage on the Ziffel property in the depths of the apple orchard. He has been there for 15 years, and he is putting in a satellite dish.

Finding out that Oliver is a lawyer, Fred and Doris ask him to write their will. Oliver agrees. Fred and Doris ask that upon their deaths that their property pass to Arnold their adopted son. However, they want to make sure that the local grocer, Sam Drucker, takes care of Arnold, and they put aside some money for him to do that. They also want to make sure that a room is always ready for Arnold at the Shady Rest Hotel, so they make arrangements for that. The Shady Rest is owned by Kate Bradley, and she requires $500 a month to hold that room for Arnold. Fred and Doris then tell Oliver to "write a little something into the will for yourself." Oliver does just that.

Later, Oliver goes to Sam's store and tells him all about the money that he is going to get to take care of Arnold. Sam says that he needs the money now, and Oliver agrees to change the Ziffels' will. Sam says he will make it worth Oliver's while. Oliver also goes to Joe Carson who is Kate's partner at the Shady Rest, and he gets Joe to agree to hold the room for $300. Joe agrees. Oliver then adds an amendment to the Ziffels' will that gives his wife Lisa, Doris Ziffel's pear necklace because Lisa remembers that Doris may have said something like that once. Oliver does not fell that he needs to tell the Ziffels that because he knows that they would agree to it.

Meanwhile, County Agent Hank Kimball is resurveying property since the Hooterville River Flood. He notices the satellite dish on the Ziffel property and goes to investigate. He tells Eb that he is a squatter and that he needs to leave the property. Eb says that he will, and Hank goes on his way. Hank never mentions this to the Ziffels; Eb never moves.

The following year Mr. Eustace Haney is visiting the Ziffels and after trying his homemade genuine feel better pills, Doris and Fred die. However, as he was dying, Fred says he never did like Arnold, and he was giving all his and his wife's property to Alf and Ralph Monroe, a husband and wife painting team who he always liked. He then dies. The Ziffel will is probated.

The new fortune that has come to Monroe's was more of a curse than a blessing. They start arguing about how the money should be spent and end of divorcing and ending their years-long painting business. Ralph is certified as a master painter and now Alf thinks that he should have that title extended to him since they have been a painting team for years. Ralph and Arnold elope to Petticoat Junction and get a quickie marriage. Ralph feels that this way she can keep Alf from getting the Ziffel land.

What are the legal issues in this scenario? Who has a claim for relief and why? How will things turn out? Who will get the Ziffel land? Who will get the Ziffel's real property? How much is the Shady Rest owed to hold a room for Arnold? There needs to be special attention towards issues in real property, business organization, family law, ethics, and trusts, wills, and estates. Can you answer this in IRAC format? I need this by 10:30-11:00. Thanks.
Submitted: 5 years ago.
Category: Legal
Expert:  MShore replied 5 years ago.
Thank you for the post, I am happy to assist you by answering your questions. Is this homework?
Customer: replied 5 years ago.
Yes it is. But we are to get research from somewhere. I will cite your name as a source so that you are credited. Thank you and it would be great to have the answer by 11:00 or 11:30 at latest. THANKS.
Customer: replied 5 years ago.
Are you going to have this done anytime soon? It is Urgent!! Thank YOU!
Expert:  MShore replied 5 years ago.
I will opt out and place this in the homework section. Best of luck in your studies.

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