New York Bar (Albany) Forum

[yankeeman86]

I don't quite remember anymore, lol but werent they

living trust - income distribution
testamentary trust - nonprobate/trust asset vs probate
revocable trust vs elective share (illusory revocable trust will not defeat elective share)

family law - valid common law marriage in one state is valid in another? full credit/faith, 2nd part - pre-marriage voids a marriage

[yankeeman86]

corps was a mess, any idea what was happening?

[happyhour1122]

No marriage between b and d.- void as bigamy
D can't take any of b' s $

But...if you were to argue... how can D take b's money?
Also, since d is not the father...how can he have visitation? Omg I spelled paternity as pertunity. Fuck.

[jaskat]

PM'ed you

[cnk1220]

I don't quite remember anymore, lol but werent they

living trust - income distribution
testamentary trust - nonprobate/trust asset vs probate
revocable trust vs elective share (illusory revocable trust will not defeat elective share)

family law - valid common law marriage in one state is valid in another? full credit/faith, 2nd part - pre-marriage voids a marriage

.

[happyhour1122]

I don't quite remember anymore, lol but werent they

living trust - income distribution
testamentary trust - nonprobate/trust asset vs probate
revocable trust vs elective share (illusory revocable trust will not defeat elective share)

family law - valid common law marriage in one state is valid in another? full credit/faith, 2nd part - pre-marriage voids a marriage

Oh wow.. none of that in my trust hahaha...
Totally missed full faith credit... didnt think there was merit or final...but shouldve mentioned!!!

I only mentioned state b had state a valid marriage as A and B married prior to its decision to I validate common marriage.

[Jmazz88]

No marriage between b and d.- void as bigamy
D can't take any of b' s $

But...if you were to argue... how can D take b's money?
Also, since d is not the father...how can he have visitation? Omg I spelled paternity as pertunity. Fuck.

For the visitation part I said the court would apply the Best Interest of the Child standard but ultimately said it would be shot down. No idea if it's correct, though...

[cnk1220]

corps was a mess, any idea what was happening?

.

[cnk1220]

No marriage between b and d.- void as bigamy
D can't take any of b' s $

But...if you were to argue... how can D take b's money?
Also, since d is not the father...how can he have visitation? Omg I spelled paternity as pertunity. Fuck.

For the visitation part I said the court would apply the Best Interest of the Child standard but ultimately said it would be shot down. No idea if it's correct, though...

.

[happyhour1122]

corps was a mess, any idea what was happening?

Derivatives suit
Hold share-demand letter- 90 days unless futile - director denial no good- no court investigation - breach of their fiduciary duty and not protected under BJR.

Anything else?

[happyhour1122]

No marriage between b and d.- void as bigamy
D can't take any of b' s $

But...if you were to argue... how can D take b's money?
Also, since d is not the father...how can he have visitation? Omg I spelled paternity as pertunity. Fuck.

For the visitation part I said the court would apply the Best Interest of the Child standard but ultimately said it would be shot down. No idea if it's correct, though...

Ok i said that too! Woo!

ME too. I also mentioned that it violates the mother's constituonal right if ordered vistation to the third party.

[cnk1220]

No marriage between b and d.- void as bigamy
D can't take any of b' s $

But...if you were to argue... how can D take b's money?
Also, since d is not the father...how can he have visitation? Omg I spelled paternity as pertunity. Fuck.

For the visitation part I said the court would apply the Best Interest of the Child standard but ultimately said it would be shot down. No idea if it's correct, though...

Ok i said that too! Woo!

ME too. I also mentioned that it violates the mother's constituonal right if ordered vistation to the third party.

.

[happyhour1122]

No marriage between b and d.- void as bigamy
D can't take any of b' s $

But...if you were to argue... how can D take b's money?
Also, since d is not the father...how can he have visitation? Omg I spelled paternity as pertunity. Fuck.

For the visitation part I said the court would apply the Best Interest of the Child standard but ultimately said it would be shot down. No idea if it's correct, though...

Ok i said that too! Woo!

ME too. I also mentioned that it violates the mother's constituonal right if ordered vistation to the third party.

Yes i brought in a due process of the bio parent's right...maybe the graders were overlook the fact i totally missed their marriage was void and give me points under my equitable distribution of marital asset argument

Oh they will. Probabaly more points if you argued subdtantial issues diner due process. I didn't know what to say after concluding that their marriage was void under bigamy rule.

[nelue]

No marriage between b and d.- void as bigamy
D can't take any of b' s $

But...if you were to argue... how can D take b's money?
Also, since d is not the father...how can he have visitation? Omg I spelled paternity as pertunity. Fuck.

For the visitation part I said the court would apply the Best Interest of the Child standard but ultimately said it would be shot down. No idea if it's correct, though...

Same but + D was basically only father kid knew and established a parent child relationship and held himself out as parent sorta lol so he has rights ... at least can visit

[yankeeman86]

No marriage between b and d.- void as bigamy
D can't take any of b' s $

But...if you were to argue... how can D take b's money?
Also, since d is not the father...how can he have visitation? Omg I spelled paternity as pertunity. Fuck.

legal adoption of child can be implied...

[yankeeman86]

corps was a mess, any idea what was happening?

Derivatives suit
Hold share-demand letter- 90 days unless futile - director denial no good- no court investigation - breach of their fiduciary duty and not protected under BJR.

Anything else?

shareholder entitled to inspect board minutes/accounting records, i think 5 day notice?

[happyhour1122]

No marriage between b and d.- void as bigamy
D can't take any of b' s $

But...if you were to argue... how can D take b's money?
Also, since d is not the father...how can he have visitation? Omg I spelled paternity as pertunity. Fuck.

legal adoption of child can be implied...

What do yiu mean?

[happyhour1122]

corps was a mess, any idea what was happening?

Derivatives suit
Hold share-demand letter- 90 days unless futile - director denial no good- no court investigation - breach of their fiduciary duty and not protected under BJR.

Anything else?

shareholder entitled to inspect board minutes/accounting records, i think 5 day notice?

Yes that too. 5 day notice.

[yankeeman86]

No marriage between b and d.- void as bigamy
D can't take any of b' s $

But...if you were to argue... how can D take b's money?
Also, since d is not the father...how can he have visitation? Omg I spelled paternity as pertunity. Fuck.

For the visitation part I said the court would apply the Best Interest of the Child standard but ultimately said it would be shot down. No idea if it's correct, though...

I did this too but threw in that D was basically only father kid knew and established a parent child relationship and held himself out as parent sorta lol so he has rights ... at least can visit

denial of court ordered visitation rights is very rare unless the parent is a threat to the kid's safety or health. i said visitation rights will be granted. He established a parent-child relationship, depends on circumstances like love/relationship

[yankeeman86]

No marriage between b and d.- void as bigamy
D can't take any of b' s $

But...if you were to argue... how can D take b's money?
Also, since d is not the father...how can he have visitation? Omg I spelled paternity as pertunity. Fuck.

For the visitation part I said the court would apply the Best Interest of the Child standard but ultimately said it would be shot down. No idea if it's correct, though...

I did this too but threw in that D was basically only father kid knew and established a parent child relationship and held himself out as parent sorta lol so he has rights ... at least can visit

^^

parent child relationship can be established

[yankeeman86]

I don't quite remember anymore, lol but werent they

living trust - income distribution
testamentary trust - nonprobate/trust asset vs probate
revocable trust vs elective share (illusory revocable trust will not defeat elective share)

family law - valid common law marriage in one state is valid in another? full credit/faith, 2nd part - pre-marriage voids a marriage

I was confused about the "charity" Q stuff in trusts I thought they were getting at the power of appt or something but I got the income stuff and elective share I think... Wow totally missed the pre marriage voids their marriage, sigh. I totally thought they were asking about their divorce and some equitable distribution of the lottery winnings so I went on a tangent about that

charity bequest fails/specific appointment not general.

[Lizbeth]

Anyone remember if 2nd question asked you to assume that the 2nd marriage was valid or did they ask you to assume the first was valid?

[Roclandsfinest23]

No marriage between b and d.- void as bigamy
D can't take any of b' s $

But...if you were to argue... how can D take b's money?
Also, since d is not the father...how can he have visitation? Omg I spelled paternity as pertunity. Fuck.

For the visitation part I said the court would apply the Best Interest of the Child standard but ultimately said it would be shot down. No idea if it's correct, though...

I did the same regarding visitation but said because he was like a father it was her best interest to have a father figure. Same analysis though

[Lizbeth]

Also, did anyone add a discussion portion to the 2nd MPT?

[yankeeman86]

Contracts -

not automatically UCC territory, must be merchants.

not a firm offer because gardener is not a merchant even though cook may be merchant.

separate consid required under common law.

can revoke before acceptance.

im sure there was more. i did question 6 first. then question 3, 4, then 2 and 5. had like 20 minutes to do question 1. Questions 3-4 are generally the most difficult. test takers usually run out of time once they hit 6 so question 6 answers are not the greatest.