Death Benefit

Question 1

PURPOSE: To familiarize yourself with case law about revocation of a will or trust.

INSTRUCTIONS:

1. Read Bernard v. Foley, 139 P.3d 1196 (Cal. 2006), Matter of Chiaro, 903 N.Y.S.2d 673 (2010), and Zagorski v. Kaletta, 2010 Ill. App. LEXIS 869 (Ill. App.) 2010.
2. In a one-to-two page paper:
   1. Discuss how the cases address the question of whether a person acting as a guardian or under a power of attorney can amend or revoke a will or trust signed by the ward/principal? Do you agree or disagree with the opinions?
   2. Find and discuss a case from your jurisdiction, or as close to your jurisdiction as possible, that addresses this question.

Question 2

INSTRUCTIONS:

1. PRIOR TO POSTING:
   1. Find and read the case Miller v. Hartford Life Insurance Company, 64 Fed. Appx. 795 (2nd Cir. 2003).
2. Use this case as a starting point to discuss the following:
   1. One of Muzzy’s alternatives would have been to buy an annuity with a death benefit. What are the downsides to doing this, and why?
   2. Could Muzzy have bought the annuity naming only himself as a beneficiary? Look closely at the case for a clue.