Author Topic: Opening Arguments #TTTBE  (Read 35234 times)

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Offline The Latinist

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Re: Opening Arguments #TTTBE
« Reply #435 on: May 26, 2019, 02:40:03 PM »
I'm going with B. All the answers sound good in their own right but I think B is better. I'm not sure when a deed becomes legal though. Is it legal when he signs the deed over to the nephew or when he records it?

Neither; it becomes legal when it is delivered. That requires that both the owner and the recipient intend for the transfer to be effective immediately. In this case, neither seems to have been the case, since the owner seems to have intended the transfer to occur on his death and the nephew didn’t even know about the deed until after both the death and the recording, so the document is not a valid deed at all.
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Offline xenu

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Re: Opening Arguments #TTTBE
« Reply #436 on: May 26, 2019, 09:00:04 PM »
Answer to #127

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Offline CarbShark

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Re: Opening Arguments #TTTBE
« Reply #437 on: May 26, 2019, 09:27:31 PM »
Answer to #127

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Wow, three in a row, and I think I was all alone on this one  :)
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Offline xenu

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Re: Opening Arguments #TTTBE
« Reply #438 on: May 26, 2019, 11:23:18 PM »
Ya I missed this one......like usual.
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Offline PANTS!

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Re: Opening Arguments #TTTBE
« Reply #439 on: May 27, 2019, 08:08:36 AM »
It was actually also about agency law. That's interesting.
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Offline The Latinist

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Re: Opening Arguments #TTTBE
« Reply #440 on: May 27, 2019, 09:29:06 AM »
Hmm.  It has always been my understanding that acceptance of a deed could not be assumed and that there had to be evidence that it was accepted by the grantee.  I also did not interpret the homeowner's words as intending immediate effect, which would make the deed an illegal attempt to avoid probate. It was my opinion that the daughter should have received the land; I was just guessing at the cause mortis thing because the question required us to assume that the court ruled for the nephew. On further reading, that appears to require much more immediacy than was the case here.

I still think a strong case could be made by the daughter's attorney's that the deed was not intended to have immediate effect, and that it was therefore invalid.
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Offline xenu

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Re: Opening Arguments #TTTBE
« Reply #441 on: May 27, 2019, 10:46:11 AM »
I read it as the sale was immediate because it was a gift and not apart of any kind of inheritance. Now if it was a tax dodge then maybe the daughter had a case if the state went after the estate for back taxes. My only question was, what league argument applied in this case. I got that part wrong.

This is where law school would make a difference. It might have been one class or one comment in class that you have to study for, but it might have made a difference in this case.
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Online Swagomatic

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Re: Opening Arguments #TTTBE
« Reply #442 on: May 28, 2019, 12:17:13 PM »
Damn, I spoilered myself on this one.  Oh well.  I think I would have picked A or B, but I accidentally read Carbshark's post.  I'm giving myself credit for a win.  :laugh:
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Offline xenu

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Re: Opening Arguments #TTTBE
« Reply #443 on: May 28, 2019, 01:23:50 PM »
Damn, I spoilered myself on this one.  Oh well.  I think I would have picked A or B, but I accidentally read Carbshark's post.  I'm giving myself credit for a win.  :laugh:

As many times as I win I would too  ;)
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Offline xenu

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Re: Opening Arguments #TTTBE
« Reply #444 on: May 31, 2019, 02:23:54 PM »
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Offline xenu

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Re: Opening Arguments #TTTBE
« Reply #445 on: May 31, 2019, 02:26:31 PM »
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Offline PANTS!

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Re: Opening Arguments #TTTBE
« Reply #446 on: May 31, 2019, 02:51:36 PM »
I guess D.
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Offline CarbShark

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Re: Opening Arguments #TTTBE
« Reply #447 on: May 31, 2019, 04:21:59 PM »
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« Last Edit: May 31, 2019, 07:02:41 PM by CarbShark »
and Donald Trump is President of the United States.

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Re: Opening Arguments #TTTBE
« Reply #448 on: May 31, 2019, 05:42:15 PM »
I'm gonna
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Offline xenu

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Re: Opening Arguments #TTTBE
« Reply #449 on: June 02, 2019, 07:50:32 PM »
Answer to #128

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