Power of Attorney and Wills
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Topic 1: Testamentary Capacity
In all states, a testator must be of majority age and sane (have the required testamentary capacity) to execute a valid will. Many states use the term of “of sound mind” when defining testamentary capacity. What is the test generally used by courts to determine whether a person has sound mind? If you client has episodes of delusions can he or she still execute a will? Explain.
Review and comment on at least three of your classmates’ postings as well.
Resources
American Bar Association. (2014). Making a Will. http://www.americanbar.org/content/dam/aba/migrated/publiced/practical/books/wills/chapter_3.authcheckdam.pdf
Ratner, T. (2013, April). Testamentary capacity: The concept of ‘sound mind’ is not a black-and-white matter. Ageright.org. http://ageright.org/?s=Testamentary+Capacity
DQ2 In the interest of conducting a lively, engaging discussion, please keep the following in mind:
Opposing viewpoints are important to any vibrant discussion, but remember to use internet etiquette and be respectful of your classmates’ views and opinions. Provide constructive feedback or ask clarifying questions if you do not understand a classmate’s comment. Most importantly, have fun interacting with the unit content, your classmates, and your instructor!
For Discussion Board requirements, refer to your course Syllabus or to the Discussion Board Rubric, posted under Grading Rubrics.
Power of Attorney and Wills
Topic 2: Writing a Will
You have had a will written by an attorney. You wish to make a modification to the will. Explain how you could get this accomplished. Then assume that you wish to revoke or terminate the will instead. Explain how you could accomplish this task.
Please review and respond to at least two of your classmates’ posts.
Resources
American Bar Association. (n.d.). Changing your mind. https://www.americanbar.org/content/dam/aba/migrated/publiced/practical/books/wills/chapter_9.authcheckdam.pdf
Funk. C. (2018). How to write a codicil to a will. LegalZoom. https://info.legalzoom.com/article/how-write-codicil-will
Randolph, M. (2018). Want to revoke your will? The best way to make a new will. https://www.nolo.com/legal-encyclopedia/revoking-will-35012.html
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