BrandonMThomas - LAW 105 - Unit 1 Assignment

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Post University *

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105

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Feb 20, 2024

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1 Unit 2 Assignment: Drafting a Will   Brandon M. Thomas Paralegal Studies, Post University Law 105 – Estate Administration & Probate Practice Professor Ricardo Salmon, Esq. 1/22/2024
2 Unit 2 Assignment: Drafting a Will 1.) Is it ethical for the lawyer to both draft the client’s Will and serve as the Executor? According to the eBook, Wills, trusts, and estate administration (9th ed.) Walter, J., & Fletcher, E. W. (2022), it is not ethical for the lawyer to both draft the client’s Will and serve as the Executor. This is because it creates a conflict of interest and a potential breach of fiduciary duty. The lawyer may be tempted to draft the Will in a way that benefits him or her as the Executor or may fail to act impartially and diligently in administering the estate. The lawyer should either decline to draft the Will or renounce the Executorship to avoid any appearance of impropriety. 2.) How would you put a new client at ease so that you may elicit the necessary information from him or her to draft the Will? One possible way to put a new client at ease is to start the conversation with a friendly greeting and a brief introduction as to who I am and my role as a paralegal. I would then proceed to explain the purpose and benefits of drafting a will and assure the client that I will respect their wishes and confidentiality. I could also use open-ended questions and active listening skills to encourage the client to share their personal and financial information and provide clear and accurate answers to any questions or concerns they may have. Using empathy and compassion to acknowledge the client's emotions and values and avoid using legal jargon or technical terms that may confuse or intimidate them.
3 I believe that by following these steps, I can build a rapport with the client and begin to create trust to make them feel comfortable and confident in my services. 3.) Describe and compare the non-testamentary documents available to the client. Non-testamentary documents are legal instruments that allow the client to transfer property or delegate decision-making authority without a will. According to the eBook, Wills, trusts, and estate administration (9th ed.) by Walter and Fletcher (2022), some of the common non-testamentary documents are: - Joint tenancy : This is a form of co-ownership that grants the surviving joint tenant(s) the right to inherit the property of the deceased joint tenant(s) automatically, without probate. - Beneficiary designation : This is a clause in a contract, such as a life insurance policy or a retirement account, that specifies who will receive the benefits upon the death of the owner. - Payable on death (POD) account : This is a bank account that allows the owner to name a beneficiary who will receive the funds in the account upon the owner's death, without probate. - Transfer on death (TOD) deed : This is a deed that allows the owner of real property to name a beneficiary who will inherit the property upon the owner's death, without probate. - Trust: This is a legal arrangement that involves a trustee who holds and manages property for the benefit of one or more beneficiaries. The trust can be
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