Assignment task: Draft A Legal Memo
You are a paralegal with the firm of Probing and Will. You must research whether Sarah Wakefield can renounce Adam Antwernt's will and collect a portion of the estate in your state.
Your firm's client is Sarah Wakefield. She was married to Adam Antwernt. Antwernt died in your state following a long illness. Wakefield was Antwernt's second wife. She had been married to him for more than 20 years and lived in their home in your state before Antwernt died. Antwernt purchased the home with his first wife, Carry MacOver. MacOver died while she was still married to Antwernt. Wakefield subsequently married Antwernt. When Antwernt married Wakefield he never changed the deed for the home to include Wakefield. Wakefield kept her maiden name. Antwernt adopted a son with MacOver. The son, who is now 30 years old, is Grayson Antwernt.
Antwernt drafted his will before he married Wakefield. He and Wakefield were getting along fine when he died. However, she was not included in his will. He did not leave her any property. Instead, he left all of his property to Grayson. Antwernt's will was admitted to probate.
Wakefield wants to know whether Antwernt's will is valid and whether he can divest her of the marital property or whether she can renounce the will and collect a portion of the estate. Grayson is out of town and his attorney told Wakefield that she will get her share of the estate once Grayson returns. He is scheduled to return later this month.
What rights does Ms. Wakefield have to the estate? How must she exercise those rights in NY state Jurisdiction?
A memorandum
- Heading:
- Issues:
- Brief Answer:
- Facts:
- Discussion: