What steps are required to prove a lost will?
What will be an ideal response?
The heirs/beneficiaries/purported personal representative will have to present:
? a copy of the will
? proof of the will’s execution and validity, by either witnesses who will authenticate that the copy is a true and correct copy of the lost or destroyed will, often the lawyer who drafted the will and a member of her staff. The evidence of the witnesses have to show that, it is more likely than not, that the will was lost or destroyed (preponderance of the evidence). The witnesses also have to testify as to the contents of the will.
? A “self-proving” affidavit at the end of the will is helpful.
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James, a paralegal in a family law practice, is working with his supervising attorney who is representing their client in a domestic violence case. He is listening to the horrific story that the client is revealing during the interview. James has looked up the laws in his jurisdiction, but he and his supervisor see that this client may have some personal needs. To help the attorney better assist the client, James should know and do what with the approval of counsel?
What will be an ideal response?
?An initial client interview
A. ?is usually conducted by a paralegal. B. ?is usually conducted by an attorney. C. ?is usually conducted by an attorney's secretary. D. ?falls under the umbrella of "the practice of law." E. ?is usually conducted by an attorney and falls under the umbrella of "the practice of law."
In the interview discussed in the previous question, Wanda asks Rachel, "As your car approached the intersection, the signal light was red, wasn't it?" This is an example of a/an
a. open-ended question b. close-ended question c. leading question d. improper question
Which one of the following statements is accurate?
A) In all states, misconduct on the part of a recipient is a basis for modification of alimony. B) Spousal support is unlikely to be modified by the court because it is part of the divorce settlement dividing the marital estate and that decision is final given the strong public policy of having the parties make a clean break. C) Cohabitation of an alimony recipient with another will automatically terminate the payor's alimony obligation. D) none of the above