By George Kent
This textbook offers scholars with the chance to profit concerning the legislation of wills, trusts and estates and improve the ability units they should reach the felony box. Wills, Trusts and Estates for Paralegals additionally provides the scholar with hands-on assignments to aid strengthen their felony reasoning talents and display their wisdom of the cloth with out overwhelming the coed within the approach.
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Extra info for Wills, Trusts, and Estates for Paralegals (McGraw-Hill Paralegal Titles)
Sample text
Drafting 10. documents associated with the creation of trusts. These include trust agreements, declaration of trusts, living trusts, and testamentary trusts. As with drafting wills, paralegals will prepare the first draft for review by their supervising attorney and assist in making needed revisions. 11. Assist in the location of the will at the time of administration. One of the first things that must be done when a person dies is to locate his will. A family member or the personal representative of the state often does this.
While the mention of legal ethics often draws snickers from e ven lawyers, the reality is professional ethics are v ery important, although sometimes confusing. indd Page 12 1/20/07 6:02:07 PM user 12 Part One /Volumes/108/MHID036/mhkent3%0/ch01 An Overview Some of the confusion, and the snickers, come from the fact that most people equate morality to ethics. Legal ethics, like other professional ethics, are not necessarily morality based. In fact, some legal ethics seem to conflict with morality.
Id. at 4. The plaintiff lost the will construction action, and then brought a malpractice action against the drafting attorney, arguing that the decedent’s will did not accurately reflect his intent. Id. at 3. We held that the son could maintain a contract action against the attorney, as a third-party beneficiary of the contract between the attorney and his father, and a tort action, under a negligence theory. Id. at 7. ” Id. at 5-6. Simpson is consistent with the prevailing rule that a will beneficiary may bring a negligence action against an attorney who failed to draft the will in conformity with the testator’s wishes.