What issues could be raised by Slim’s estate to avoid enforcement of the promise?

Linda Denton is a new and very important client. She is heartbroken over the recent passing of the “King of Country Music,” Slim Preston. Although Linda is married, she had planned to divorce her husband, Kenny, to marry Slim. All the parties live in Tennessee. Linda tells this story to your attorney: Linda and Slim had been dating for a few years and they fell in love. Slim asked Linda to marry her, but before she could do that she had to get a divorce from her husband Kenny. To help Linda and entice Kenny to fi nalize the property settlement, Slim promised to pay off Linda’s mortgage on her home. Unfortunately before Slim paid off the mortgage, he died of an apparent heart attack. Th e world was devastated to hear of Slim’s passing, but no one more than Linda. Linda tried to contact the representative of Slim’s estate to pay off the mortgage as Slim had promised, but the representative refused. Th e representative simply off ered his condolences to Linda and told her continued reliance on that promise was unreasonable and completely unjustifi ed on her part. Linda continued her story by stating that Slim had installed a pool in her backyard, paid for landscaping of the house and bought her numerous other gifts. Nothing was in writing, but Linda had executed a settlement agreement with Kenny where she paid him $10,000 for his share of the equity in their home. Th e court approved the settlement after Slim’s death. Linda assumed the mortgage debt herself under the assumption that Slim would pay the mortgage off when they were married. She owes $ 100,000 on the property with the monthly payments around $800.00 Now, Linda, who does not have a job, is faced with paying the monthly mortgage payments, which she cannot aff ord. She wants to know whether there is something your fi rm can do to enforce Slim’s promise to pay off the mortgage. a. What issues are raised by Linda’s case and why? b. What additional questions should be asked of Linda to assist in the analysis of her case? c. What issues could be raised by Slim’s estate to avoid enforcement of the promise? d. What is the law in Tennessee on the issues you have identifi ed as possible causes of action for Linda and the likelihood of success? Explain in detail your responses and prepare a memorandum for your attorney’s review.

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