Discussion

Part 1 150 words

Answer the following questions on the Discussion Board and respond to at least two of your classmates’ postings.

What social goals are served by statutes that essentially force a person to leave a certain portion of his or her property to a surviving spouse, such as the inheritance statutes you researched this week?
Do you think the law accomplishes the goals you have identified?

part 2 150 words

Assume you work as a paralegal for a law firm that specializes in estate planning. Your job is to maintain the will and trust form file, preparing complex wills and trust documents as the attorneys’ request.

This afternoon you had lunch with an old friend, Emily, whom you have known all your life. Five years ago Emily married a lawyer, Andrew. Emily and Andrew have three children: 11 months, 2 years, and 3 years of age. Emily does not work outside the home. Six months ago, Andrew was fired by his law firm after a state bar ethics panel determined that he had improperly disclosed a wealthy client’s confidential information to a non-party. Andrew, who maintains that it was his secretary who disclosed the documents, is very bitter about losing his job.

During lunch, Emily admitted that she and Andrew have been having marital problems recently, even discussing divorce. She told you that she asked you to lunch because she knows your job is to draft wills, and she wants you to draft a new will for her. She recently discovered that she has inherited $850,000 from an uncle. She wants to change her will so that Andrew does not get any of that money. She told you that she does not want to go to a lawyer because he or she might know Andrew and tell him what she is doing. Your firm has had no dealings with Emily or Andrew.

Emily also told you that she received a letter from a law firm in New York, regarding the bequest of $850,000 from her uncle. There are several legal documents that Emily must sign and return to that law firm. Because she does not understand the letter and documents, she wants you to read them and tell her what to do.

Can you draft a will for Emily? Why or why not?
Can you advise Emily about what the letter and other documents mean? Why or why not?
What should you do? Be specific.
Briefly discuss any ethical issues that may arise.

Respond to at least two of your classmates’ posts.

Answer preview

Discussion 1:

In the state of California marriages are governed under a community property law. Meaning that what is the property of the husband is the property of the wife. In California that would mean that the surviving spouse would get the remaining property and the inheritance because it was already the spouses to begin with. The spouse would also inherit in any debts by the other spouse unless the debt had a clause that exempts the spouse in the event of death.

The law was originally set about in this case to make sure husbands do not leave out their spouse in their wills and to insure the family was not left destitute. So, ultimately yes these laws are doing exactly what they are supposed to be doing.

Discussion 2:…………………….

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