This question should be answered using two IRAC structures. Please include all relevant key words in your answer.
Rose dies without a will, leaving behind $300,000 of separate property in her estate. She is survived by her husband Jack, their daughter Emily, and Jack’s son from a previous marriage, Frank. Shortly before her death, Rose formally adopted Frank as her stepson.
How should Rose’s separate property be distributed?
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Hint
To answer this question, you should think about and discuss first whether Rose’s surviving spouse and children will inherit from her estate. Next, you should think about and discuss whether Frank is considered one of Rose’s children, since stepchildren take nothing from the decedent unless they’ve been formally adopted.
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Surviving Spouse and Children
Frank
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