Client File: 4493.001

Case Name: In re Estate of Harrison

Pertinent Facts:

Partner Beverly Hedges handles probate and estate planning matters for the firm. She just met with a new client, Angela Harrison. She is the widow of Michael Harrison and the mother of their three children, Kimberly, Joanne, and Jason, all of whom are minors (Jason is eight, Kimberly is twelve, and Joanne is fourteen). Michael executed a valid, self-proving will ten years ago before Jason was born. In his will he established a testamentary trust for Kimberly and Joanne. They were mentioned by name as trust beneficiaries.The trust principal was $800,000.Michael named his brother, Richard, as trustee. Under the terms of the trust, Richard may pay out trust income as needed for education, health care, and necessities for Michaels's daughters, Kimberly and Joanne.Each daughter is to receive an equal share of the trust principal when the youngest of them reaches the age of twenty-five. In addition to being named trustee, Richard also is named as personal representative of Michael's estate. Michael never drafted a new will after Jason was born. However, he did execute a codicil to his will three years ago in which he changed a gift to his sister Stephanie. In his will he left her $40,000. In his codicil he changed the amount to $75,000. That was the only change. The attorney who drafted the original will and codicil is Edward Grant, Esquire.

Michael died three weeks ago.Angela was distraught to find out that no provision was made for Jason. She believes that Michael intended to provide for Jason and that he probably believed the testamentary trust used the term "children" rather than specify his daughters by name and therefore did not think it was necessary to modify the trust. She is furious with Edward Grant for not bringing this to Michael's attention at the time Michael executed the codicil. She is the guardian of all three children. She would like to know what recourse she has on behalf of Jason.She was told by someone that Jason might be considered a "pretermitted child" and that this may give him certain rights.

Assignment Questions:

1. Find the statute mentioned above. Provide the statute number and indicate

what a pretermitted children is entitled to receive according to this statute.

2. Beverly remembers reading a case awhile back that she believes was decided

in the early 1990s and came from the Third District Court of Appeals that dealt

with a child who was born after a will but before a codicil or before the will was

revised (she cannot remember exactly). She thinks it might be helpful. Please

find the case and provide the full case citation.

3. Who wrote the opinion in the case you found for #2 above?

4. In the case you found in #2 above, did the court affirm or reverse the lower

court's decision?

5. In the case you found in #2 above, does this decision work in favor of our

client or against our client?

6. In the case you found in #2 above, who is the attorney who represented the

appellant? Click on the attorney's name. Please provide the attorney's

phone number and e-mail address.