Question
Mabel and Harold married in 1996. Both had been previously married and each had two grown children. Prior to their marriage, they orally agreed that
Mabel and Harold married in 1996. Both had been previously married and each had two grown children. Prior to their marriage, they orally agreed that in the event of the other's death, they would not make a claim on the deceased spouse's estate. Their children were witnesses to this oral agreement. In 1998, Mabel died. She left nothing in her will to Harold. Harold elected to take against the will and claim's one-half of her estate as provided by state law. Mabel's children protest Harold's action. Is Harold entitled to his statutory percentage of the estate? Explain.
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