Estate Of Clark

Facts

Frank and Lois Clark were married on July 21, 1944. They had one child, Michael Clark, who died on May 2, 1989. Michael had four children-Beth Badrak, Lee Badrak, Robert Clark, and Allan Clark. The Badraks were the children of Michael's first marriage to Kathy. After the divorce, Kathy remarried, and her new husband (Badrak) adopted Beth and Lee. Robert was the child of Michael's second marriage. Allan was adopted by Michael. Lois died on January 11, 1995. She left her estate “to those persons entitled to inherit from me according to the laws of descent and distribution.” The Badrak's took nothing as they had been adopted. On May 16, 1996, Frank executed a last will and testament. He left everything to his grandson, Robert Clark absolutely and in fee simple, per stirpes. The same day he executed a codicil that gave everything he got from his wife to the Badraks. The codicil was drafted by Beth Badrak pursuant to Frank's oral instructions. At the time he executed his will and the codicil, Frank had received property from Lois' estate and had given it all away to various people, including Robert, Beth, and Lee. Frank died on October 11, 1996. He possessed no property that he had received from his wife's estate. The will and the codicil were admitted to probate court on January 27, 1997. Robert was appointed executor of Frank's estate. During the administration of Frank's estate, the estate received a distribution from Lois' estate in the amount of $98,365.27. Robert filed a Motion for Order of Distribution requesting that the probate court determine the extent of the property included in the language “all property I received from my deceased wife.” Beth filed a response. The probate court found that the language in the codicil included the disputed $98,365 .27 and ordered the executor to distribute to Beth and Lee all assets received from the estate of Lois. Robert appealed.

Issues

Rule of Law

Holding and Decision

Legal Analysis

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