Leaving everything to the children per stirpes

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Reference no: EM131367904

In 1980 Harry married Sally. In 1981, anticipating children some day, Sally properly drafted a will in which she cut Harry out completely, leaving everything to the children per stirpes, if she ever had any. In 1982 they had a daughter, Alma. After Alma was born, Harry had a will drafted, in proper form, in which he left everything to Sally if she survived him. If she did not survive him, then he would leave everything to his children per capita. Harry and Sally were told by doctors that Harry was no longer fertile and they could not have any more children. So in 1984, they adopted Gustav. To their surprise Sally gave birth to Warner in 1985. Harry knew that Sally had an affair with another man and that Warner was not his child. But he raised Warner as his own. Harry then had an affair with Elvira, who set his heart on fira. To his surprise, Elvira gave birth to Harry's son Franz in 1986. Harry never told Sally about Franz. Alma married in 2004 and had three lovely children (Harry's and Sally's grandchildren). Unfortunately, while visiting relatives in Transylvania, Harry, Sally, and Alma were killed by a group of vampires. That left Alma's three children (Harry's and Sally's grandchildren), adopted Gustav, Sally's son Warner, and Harry's son Franz fighting for Harry and Sally's estate which is worth 2 million dollars. Both Sally and Harry were excellent business people and died with individual estates of 1 million each.

What are the issues, and who wins depending on how the issues are resolved?

Reference no: EM131367904

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Leaving everything to the children per stirpes : In 1980 Harry married Sally. In 1981, anticipating children some day, Sally properly drafted a will in which she cut Harry out completely, leaving everything to the children per stirpes, if she ever had any. In 1982 they had a daughter, Alma. What ar..

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