The duties and importance of a personal representative to the client.
When working with clients who are making a will and thinking about who to name as personal representative, the paralegal can have a great impact by explaining the duties and importance of a personal representative to the client. You will review a story that describes the role an executor played in mishandling an estate. You will discuss the story with your classmates and determine whether or not the executor of the will correctly performed the duties of a personal representative.
When responding to the discussion questions, be sure to reference course materials to support your conclusions and opinions. You should also do the same whenever you respond to another person’s discussion post. By doing so, you not only make a stronger case, but support your own learning. You will be evaluated on how well you support your claims.
Scenario
Doris Duke, the daughter of the founder of the American Tobacco Company, lived a life of luxury and generosity from the day she inherited her father’s $300 million estate in 1925. When she died in 1993 at 80, her lavishness continued: she left sums between $500,000 and $3 million to her friends, $10 million each to the Metropolitan Museum of Art and Duke University, and even a $100,000 trust fund to her dog. She left the bulk of her fortune to establish a charitable foundation.
Her friend and advisor (and ex-butler), Bernard Lafferty, received a lifetime annuity of $500,000 a year. He was also named executor of the will and trustee of the foundation—positions that would potentially generate millions of dollars in fees. However, in 1995, a Manhattan surrogate ruled Lafferty unfit to continue as executor after he used estate funds to finance his own lavish lifestyle. (Refer to your text or conduct an Internet search of Bernard Lafferty to learn more about the reasons for his removal.)
Instructions
Review the scenario. Also review the 5 basic duties of a personal representative.
In a discussion post, reply to the following questions:
What extravagances did Doris Duke’s executor engage in that got him removed as executor?
What factors do you feel a client should consider when deciding whom to select as a personal representative?
How can a paralegal help a client in selecting a personal representative?
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