Matter of the Estate of Starr Discussion

Step 1: Review the following scenario.

In re: the Matter of the Estate of Starr

Marjorie Starr grew up during the Great Depression, and was reared in an orphanage operated by the State of Mississippi. The main staple of her youth was carrot and rice soup. Marjorie vowed that when she grew up she would never eat another carrot, and she didn’t.

Marjorie’s formal education ended when she graduated from the eighth grade. Marjorie worked part-time jobs her entire life, mostly as a domestic servant. Her most notable employment was for a prominent Mississippi business family.

Marjorie had one natural child, a daughter, Evelyn Starr, and one foster child, Anthony Dilman. Anthony became her foster child when he was 16 years old. Marjorie left home when she turned 18, and only contacted her mother when she needed money for her drug habit and frequent legal problems. Anthony, on the other hand, remained at home until he completed college as a Licensed Physician’s Assistant from the University of Mississippi.

Marjorie and Anthony had a very close relationship from the time he first came to live with Marjorie. While in high school, Marjorie attended mother-son events with him and always referred to him as “my boy.” She wore a “mother’s ring” with the birthstones of both Evelyn and Anthony. Anthony always sent birthday and Christmas presents to Marjorie, and two dozen red roses on Mother’s Day. Everyone said that Anthony was a “dead-ringer” of Marjorie’s estranged ex-husband. However, Anthony was never formally adopted, nor were any attempts made to adopt. Anthony always kept his own name.

When Marjorie developed a terminal illness, she asked Evelyn to move back home and help her. Even though Evelyn was homeless, she refused to state “I just got out of rehab and I don’t have time to help anyone but myself.” “Besides you refused to post bond for my last three drug busts.” Marjorie offer to reward Evelyn handsomely for her help, but Evelyn refused her numerous offers.

When Anthony learned about Marjorie’s condition, and Evelyn’s refusal to help her mother, he offered to help. Marjorie urged Anthony to remain in his highly paid Surgical Physician’s Assistant position in Los Angeles. When it became clear that Anthony would not take Marjorie’s advice and insisted on coming home to help, she said in the presence of several witnesses “Anthony has always been my boy and he will be rewarded for his kindness. When Anthony observed her condition, he quit his job and moved back to Mississippi. Anthony became Marjorie’s primary caregiver, and she was dependent on him for the last 2 years of her life. During this time, Evelyn rarely called and never visited.

When Anthony was 27, Marjorie died. She left no will, but surprisingly left an estate valued in excess of $2 million. Evelyn claims the entire estate as the sole child. Anthony has made a claim, based on equitable adoption and contract.

Does Anthony have a legitimate claim against the estate based on his or any other contention?
Step 2: Identify the facts.

Discuss this scenario, and prepare to identify, discuss, and list the facts in the scenario under these headings:
Relevant facts.
Explanatory facts.
Legally unimportant facts.
For each heading, explain why you’ve included the facts you did (e.g., if your client’s employment is unimportant, state why). You may list the facts and give reasons in a list under each category.

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