Maire, a widow in failing health, wishes to leave her estate equally to her adult children. She has a son, Graham, and a daughter, Bridget

Maire, a widow in failing health, wishes to leave her estate equally to her adult children. She has a son, Graham, and a daughter, Bridget. Maire has two concerns. With good reason, she lacks confidence that Graham can manage property because of his irresponsible spending habits. So, she is looking for some help with this issue. Also, she does not want any property she gives to Bridget going to Bridget’s husband, as she doesn’t trust him. She is requesting that her friend, Frank, manage her assets for the benefit of her two children making sure that Graham doesn’t spend it all at once and that Bridget’s husband not have access to it. In a written letter she requests that, if he agrees to do as she wishes, he sign and return the letter to her. Frank reads the letter, and signs and returns it to Maire. After receiving the letter back from Frank, Maire mails a cashier’s check for $200,000 to Frank.

What is the legal significance of this transaction?

Is it a gift?

Did she create a will?  

Did she create a trust? If it is a trust, what kind of trust is it?

None of those? Why or why not?

What other information might be good to know?

What should Maire consider doing for her estate plan generally?

Explain your answers and try to convince your group members that you’re correct. Justify your comments.

(Note that the fact pattern is intentionally vague – so, what other things would you like to know to help in discussing this topic?)