Bar MEE: Family Law and Trusts / Estates Essays

TL;DR

Family Law and Trusts & Estates (T&E) frequently appear on the MEE, often testing common law principles alongside specific statutory rules like the UPC. Success hinges on understanding key definitions, applying relevant state laws (usually common law or UPC for the MEE), and spotting common fact patterns. Focus on the interplay between marital property, child custody/support, and testamentary intent, wills, and intestacy.

1. The Mental Model

Think of Family Law as managing relationships (marriage, divorce, parent-child) and T&E as managing assets after death or through specific arrangements. Both areas demand precise application of rules to specific factual scenarios, often involving statutory interpretation or common law principles.

2. The Core Material

Family Law Essentials

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For Family Law, you'll primarily deal with:

• Marriage: Requirements (capacity, consent, no prior existing marriage), common law marriage.
• Divorce: Grounds (fault vs. no-fault), property division (equitable distribution is the norm, community property is less common on MEE but know it), spousal support (alimony).
• Children: Child custody (best interests of the child standard is paramount, types of custody), child support (income shares model, modification).
• Pre/Postnuptial Agreements: Validity requirements (in writing, voluntary, full disclosure, not unconscionable).

Property Division on Divorce: The MEE almost always tests equitable distribution. This means marital property is divided fairly, not necessarily equally. Separate property (acquired before marriage, by gift/inheritance) is generally not divisible, but its appreciation during marriage can be marital property.

Trusts & Estates Essentials

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For T&E, focus on:

• Wills: Formalities (writing, signed by testator, attested by two witnesses), codicils, revocation (physical act, subsequent instrument), will substitutes (trusts, joint tenancies, POD accounts).
• Intestacy: Distribution when no valid will exists (spouses, children, parents, siblings, etc.; per stirpes vs. per capita).
• Trusts: Elements (settlor, trustee, beneficiary, intent, trust property, valid purpose), types (express, resulting, constructive), modification/termination.
• Fiduciary Duties: Trustee's duties (loyalty, prudence, impartiality, account).
• Will Contests: Grounds (lack of capacity, undue influence, fraud).

Key Distinction: Intestacy vs. Will: If there's a valid will, its terms govern. If not, intestacy statutes dictate distribution. Understand how different family members inherit under intestacy rules.

Here's a simplified decision flow for property distribution after death:

graph TD
    A["Decedent Dies"] --> B{Valid Will?};
    B -- Yes --> C["Property Distributed per Will"];
    B -- No --> D{Surviving Spouse?};
    D -- Yes --> E["Spouse's Intestate Share (e.g., all, 1/2, 1/3)"];
    D -- No or Partial --> F{Surviving Children?};
    F -- Yes --> G["Children's Intestate Share (per stirpes/capita)"];
    F -- No --> H{Surviving Parents?};
    H -- Yes --> I["Parents' Intestate Share"];
    H -- No --> J{Surviving Siblings?};
    J -- Yes --> K["Siblings' Intestate Share"];
    K -- No --> L["Escheat to State"];

Overlapping Concepts

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Both areas involve fiduciary duties (e.g., parents to children, trustees to beneficiaries). Also, look for situations where a trust is used as a will substitute or for estate planning.

3. Worked Example

Scenario: David and Emily marry in 2005. David owns a house outright from before the marriage, valued at $200,000. During the marriage, Emily, a talented gardener, significantly improves the landscaping, increasing the house's value by $50,000. David dies in 2020 without a will. He has no children. His parents are alive.

Analysis:

1. Intestacy: David died intestate. We look to intestacy statutes.
2. Surviving Spouse: Emily is the surviving spouse. Under most UPC-based intestacy schemes, if there are no surviving descendants but surviving parents, the spouse typically takes a significant portion (e.g., $300,000 plus 3/4 of the remainder, or $200,000 plus 3/4 of the remainder, depending on jurisdiction). The specific fraction varies, but Emily will get a substantial share.
3. Separate vs. Marital Property (for equitable distribution, if this were divorce): The house itself was David's separate property because he owned it before marriage. However, Emily's efforts in improving the landscaping, which increased the house's value during the marriage, would likely be considered marital contribution. If this were a divorce, that $50,000 appreciation attributable to Emily's efforts would likely be deemed marital property subject to equitable distribution. Since this is intestacy, the house's value (including appreciation) passes through David's estate, subject to Emily's intestate share and any elective share rights.

Conclusion for Intestacy: Emily will inherit a significant portion of David's estate, including his interest in the house, as dictated by the intestacy statute for surviving spouses when parents also survive. David's parents would inherit the remainder of his estate not taken by Emily. The $50,000 value increase from Emily's gardening doesn't change the character of the house for intestacy purposes (it's still David's property), but it increases the overall value of the estate Emily inherits from.

4. Key Takeaways

• Always identify the relevant relationship (marriage, parent-child) or document (will, trust) first.
• For property division in divorce, remember equitable distribution applies to marital property; separate property is generally excluded.
• Child custody decisions are always based on the "best interests of the child."
• Wills require specific formalities; know them cold (writing, signed, attested).
• Intestacy rules govern when there's no valid will; understand the order of priority for heirs (spouse, children, parents, siblings).
• Trustees owe beneficiaries duties of loyalty, prudence, and impartiality.

Common Mistakes to Avoid:
- Confusing separate property with marital property in divorce scenarios.
- Forgetting the formalities required for a valid will or trust.
- Failing to apply the "best interests of the child" standard in custody questions.
- Mixing up per stirpes and per capita distribution methods in intestacy.

5. Now Try It

Spend 15 minutes outlining a response to a prompt involving a couple divorcing after 10 years. The husband inherited a significant sum of money 5 years ago, which he commingled into a joint bank account used for marital expenses. They have two young children. Focus on how you'd analyze the property division (the inheritance) and child custody. What specific legal standards and arguments would you use for each?