Assignment Task:
In 2020, Francine asked her mother, Mandy, for a loan of $50,000 so that she could pursue her dream of starting a "food truck" featuring Norwegian-Thai fusion cuisine. Mandy said: "No loan for you, my dear daughter, it's a gift! Follow your dreams. Just consider it an advance on your inheritance." Mandy then gave Francine a paper bag with $50,000 in cash. In 2022 Mandy died intestate, with an estate of $100,000, survived by her two children, Francine and Jim. Jim testifies that Mandy intended the cash gift to come out of Francine's inheritance and offers a 2020 text message that he wrote to Francine saying "so you got some of Mom's inheritance, huh?" How should the court distribute Mandy's estate? Francine and Jim in equal shares. Add the $50,000 to the "hotchpot", and then distribute $100,000 to Jim and $50,000 to Francine. Add the $50,000 to the "hotchpot," and then distribute $75,000 to Jim and $25,000 to Francine. The court should ask Francine to testify under oath regarding whether she subjectively considered the cash as an advancement on her inheritance.