Question
Terry Jones and his wife, Sarah had one child, John. Terry died recently, and he was survived by Sarah and John, who was an adult.
Terry Jones and his wife, Sarah had one child, John. Terry died recently, and he was survived by Sarah and John, who was an adult. Terry was also the father of Ollie Miller, a minor child, who is the child of Terry and his long-time girlfriend, Missy Miller. Neither Sarah nor John were aware of the affair or the existence of Ollie.
Terry and Sarah owned a beautiful cottage on Lake Michigan that Terry's father deeded to them jointly for their 20th wedding anniversary.
After Terry's death, Sarah and John went to the local probate court and discovered that Terry had filed a will with the court. The will was drafted by Terry's attorney, properly executed, and in legally proper form. The will was drafted before Ollie was born. The relevant parts of the will are as follows:
"John is to receive nothing from the estate because he is a thoughtless and selfish son who cares nothing for me."
"Sarah is to receive nothing from the estate because she was a dreadful spouse who maintained the marriage only so she could inherit everything upon my death."
"Missy Miller, the only woman to have provided me with true love and affection, shall receive 100% of my estate."
Terry's distributable estate is $1,050,000.00. The cottage on Lake Michigan is valued at $200,000.00.
How will the estate be divided? Be sure to identify all relevant issues and discuss each one fully under the uniform probate code. What amount would be the forced share Sarah would receive, and the breakdown of that forced share. what would be the amount John, and Missy Miller would receive?
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