Week2 discussion

1. Public Viewing of Wills

Wills can be submitted to a court for safekeeping prior to a persons death, and must be submitted to the court following a persons death. When should others be allowed to review these wills? Should they need to state a valid reason for the review? In this question, we will address these matters.

In many jurisdictions, wills filed for probate are available online and at the courthouse for public viewing. Based on this information, answer the following questions: 

Do you think that the wills of decedents should be available for public viewing? Why or why not?

Justify your ideas and responses by using appropriate examples and references from Lexis Advance (including primary sources such as cases, statutes, rules, regulations, etc.), government Web sites, peer-reviewed legal periodicals (not lawyer blogs), which can be supplemented by law dictionaries or the textbook. This means you need to use more than just your text and legal dictionaries.

1. Selecting a Personal Representative

A personal representative is the person who will be in charge of handling the decedents estate and making sure things are handled properly and according to the decedents wishes. Obviously naming this person while we are alive is an important step in proper estate administration. Sometimes, though, a person is not selected, the selected person is not available, (death or just or the person does not want to serve. What happens in such cases?

If a person does not appoint a personal representative in his/her will, the court will be left to decide who should serve in such capacity. Based on this information, answer the following questions:

What sensitive issues might arise within various cultures and social structures, such as issues involving nontraditional families and gay and lesbian couples when the court selects the personal representative?

Do you think that a convicted felon should be able to serve as a personal representative of an estate? Why or why not?

Justify your ideas and responses by using appropriate examples and references from Lexis Advance (including primary sources such as cases, statutes, rules, regulations, etc.), government Web sites, peer-reviewed legal periodicals (not lawyer blogs), which can be supplemented by law dictionaries or the textbook. This means you need to use more than just your text and legal dictionaries. Submission Details:

 

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