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Discussion Scenario: Emma Jones hired Sandy Porquine, an attorney, to draft her will. The will named Bob Kripto and others (Kripto) as beneficiaries. When Jones died, it was discovered that the will was improperly drafted, violated state law, and was therefore ineffective. Jones's estate was transferred pursuant to the state's intestate laws rather than pursuant to Jones's will. As a result, Kripto did not receive the $75,000 he would have otherwise received had the will been valid.
1. If Kripto sues Attorney Porquine for breach of the Jones-Porquine contract to recover what he would have received under the will, could Attorney Porquine successfully defend himself due to Kripto not having standing to sue? Why or why not?
2. If his breach of contract case goes forward, would Kripto win? Why or why not?
3. What sort of remedy(ies) are possible to Kripto if he wins?
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