Legal Bibliography
Probate heirs

    Please draft an internal memorandum on the following fact scenario. Support your arguments and legal theories with precedent from South Carolina (and surrounding states, if you find nothing in South Carolina). Shepardize all citations included in your memorandum.

    In 1967, 49-year old Mary Louise Smith gave birth to her third child, Lazarus ("Larry".) Smith. When she came home from the hospital, she gathered her two older children, Mary Ellen, age 20 and Peggy Elizabeth, age 19, in her bedroom. She told them that their father, Benjamin ("Ben") Smith,  was not Larry's father. His biological father was Jerry Johnson, Ben's best friend. Mary Louise made Mary Ellen and Peggy Elizabeth take a solemn vow that they would never tell the truth about Larry's biological father. Mary Louse told them that she wanted them to know the truth in case any medical problems arose with Larry after she and Ben were dead. If she hadn't been affected by postpartum depression, she probably would never have told the older children.

    Mary Ellen and Peggy Elizabeth kept this vow of silence, fearing God and the wrath of their mother. Mary Louise died in a car accident in 1995. Her will left all her real and personal property to her husband Ben.  Larry was 28 years old at the time of her death. He had no reason to believe that his biological father was anyone other than Ben. Likewise, Ben believed and had no reason to suspect that Larry was not his biological son. Their relationship had always been close. They hunted and fished together. Frequently, their weekend camping trips included Jerry Johnson. but Ben apparently never noticed the resemblance between Larry and Jerry, or if he did, he made no comment about it.

    Ben was killed in a hunting accident last year. His will left his entire estate to his three children, per stirpes. (The will states as follows: " I leave all of my property of every kind whatsoever wherever situate to my two daughters, Mary Ellen, and Peggy Elizabeth, and to my son, Lazarus, or to the survivor of them should any child of mine predecease me, with the children of any predeceased child taking their parent's share, per stirpes.") Ben's estate has been valued at $680,000.

    Mary Ellen was appointed personal representative. When she filed the paperwork with the Probate Court, she excluded Larry as an heir and told him the truth about his biological father. Larry has petitioned the Court to be included in Ben's estate as an heir.

    Larry also discussed Mary Ellen's revelation with Jerry Johnson who expressed no surprise at the fact that Larry was his son and said that he had suspected as much for years. Recently, Jerry died. He had no will. Larry is petitioning the probate court to be recognized as Jerry's heir along with Jerry's two surviving legitimate children.

  Under South Carolina law, will Larry be entitled to a share of both Ben and Jerry's  estates?