Upon George Welch’s death, he was survived by his third

Upon George Welch’s death, he was survived by his third wife, Dorothy Welch, and his daughter by his first marriage, Patricia Fisher. At the time George and Dorothy were married, George was in very poor health and he relied on Dorothy to care for him. George was suicidal and an alcoholic and suffered from severe depression.During the eight months George and Dorothy were married, George became isolated from his family and his health deteriorated. Prior to his death, George transferred the bulk of his assets to Dorothy. Dorothy assisted in the transfer of George’s assets and often completed checks and other papers for George’s signature. Although George and Dorothy had executed a prenuptial agreement, during the month preceding his death George made a new will that named Dorothy as his sole beneficiary. Patricia had beenthe sole beneficiary of his prior will. Through the transfers of assets and the new will, Dorothy received $570,000.

(a) What are the arguments that Patricia is entitled to the $570,000?

(b) What are the arguments that Dorothy is entitled to the $570,000?

(c) Who should prevail? Why?

 

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