You are a new law clerk for the Probate Judge of Wicomico, and you have been ass

You are a new law clerk for the Probate Judge of Wicomico, and you have been assigned to determine the proper legal distribution of the real and personal property of Agnes Twilley, recently deceased. The information is needed for the upcoming trial in the lawsuit of Zebidiah Twilley v. Yolanda Waters-Twilley. The judge has given you four documents:
A brief about the Twilley family and the history leading up to Agnes’ death Download A brief about the Twilley family and the history leading up to Agnes’ death;
A listing of real and personal property (the “Asset List”) owned by the Twilley family at the time of Agnes’ deathDownload A listing of real and personal property (the “Asset List”) owned by the Twilley family at the time of Agnes’ death;
Agnes’ Last Will and Testament Download Agnes’ Last Will and Testament; and
A summary of Nebraska Laws of Intestacy.Download A summary of Nebraska Laws of Intestacy.
In addition, you have brought your notes from law school Download notes from law schoolthat you prepared to help you remember the basic laws involving wills and estates when you were studying for the bar exam. Zebidiah is making several arguments in his lawsuit against his sister Yolanda hoping to receive what he considers his fair share of his parents’ estates:
His parents died “simultaneously,” despite Yolanda’s testimony;
His mother’s will is invalid; and
Even if the will is valid, his exclusion from the will is incorrect.
Your assignment is to work with your team (or on your own) to identify the correct distribution of each piece of property found on the Asset List, including the real property and the cash. Assume we are living in a world of no inheritance taxes. If you are unsure of a distribution, state what additional information you would need to clear up the confusion, or any assumptions you make to reach a conclusion.
Questions you should be thinking about to successfully complete the activity:
What constitutes the marital property?
Did Vernon legally precede Agnes in death, or were the deaths “simultaneous”?
Which intestate rules apply and what is the result?
Which, if any, of Vernon’s assets flow to Agnes?
Is Agnes’ will valid?
Does Zebidiah have a valid claim to any of the family property?
How will personal property that can’t be divided be distributed?
How will real property be jointly owned?
What happens to residual property?
Writing Assignment: Draft a memo to the court explaining your analysis, citing the legal rules you use, and the assumptions you make to recommend a final distribution of property. Include an introduction with a road map of the issues you will discuss. Because Zebidiah is the plaintiff, you should also specifically explain what, if any, property Zebidiah should be entitled to. Rely on our trusted IRAC method for each issue that you identify. When issues are ambiguous, identify the assumptions you need to make to support a conclusion. Please use full sentences, proper spelling and grammar, appropriate word choice, and a summary table with your conclusions as to the owner(s) of each piece of property.