Problem 1: Suzy Q decides that she does not want to hire a fancy attorney to take care of her estate plans so she decides to draft her own will. She takes out her grandfather's old type writer and types, "I give all of my personal property to John Doe." She takes the document out of the type writer and adds, "I give all of my real property to Jane Doe." She then signs the document. Is this a valid will? Why or why not?
Problem 2: Years later Suzy Q decides she is going to redo her will. She types out a new will. The will says that all of her personal property is going to go to Jane Doe, She signs in the presence of two witnesses and the two witnesses sign as well. What is the biggest problem with this will? If this will is probated, how will a court likely resolve that problem?
Problem 3: Suzy Q finally decides she is going to go to that fancy attorney after all. Suzy Q decides she is going to have a testamentary trust drafted for her. She decides to make the Feed the Hungry People of Oz organization the beneficiary of her trust. Suzy Q passes away and on the same day the Feed the Hungry People of Oz announces it is closing. What will happen to the trust? Why?
Problem 4: Pretend instead that Suzy Q decides she wants to make a trust for all of her real property. She says to all of her family that as of "October 31, 2020, she is creating a trust of all her real property. She is going to be both the settlor and trustee and her only child is to be the beneficiary." Is this a valid trust? Why or why not?
Problem 5: Suzy Q wants to make a trust for the benefit of her child who is known to not be very good with money. What types of trusts should Suzy Q consider making and why?