02074

Question Analysis

In 2001 Tom, a resident of California, executed a valid typewritten and witnessed will. (No validity of will issue here) At that time, Tom was married to Wynn. Tom also had two nephews, Norm, and Matt, who were the children of his deceased sister, Sue.

Tom’s will made the following dispositions:

Article 1: I leave $10,000 to my friend Frank.

Article 2: I leave my shares in Beta Corp stock to my friend Frank.

Article 3: I leave $80,000 to my sister Sue’s issue.

Article 4: I leave the residue of my estate to my wife.

The $10,000 figure in Article 1 was crossed out and $12,000 was handwritten in Tom’s hand above the $10,000 figure. Next to the $12,000 Tom had handwritten, “Okay. 2/15/02.” (doctrine of dependent relevant revocation)

In 2003 Tom and Wynn had a child, Cole.

In 2004, Matt died in a car accident. Matt was survived by his children, Lynn and Kim.

Tom died in 2005. Tom was survived by Wynn, Cole, Norm, Frank, and his grandnieces, Lynn and Kim. At the time of his death, Tom owned, as separate property, $500,000 in cash. He also had 100 shares of Beta Corp stock, titled in Tom’s name, which he had purchased with his earnings while married to Wynn. The Beta stock was valued at $1.00 per share at the time of Tom’s death.

What rights, if any, do Wynn, Cole, Norm, Frank, and his grandnieces Lynn and Kim have in Tom’s estate? Discuss.

Answer according to California law.