Answer the following statement(s) true (T) or false (F)
1. A person who is the decedent’s next of kin would have standing to contest a will on the grounds of undue influence because if the will is invalid the estate would pass to him.
2. Before qualifying an individual for public assistance for long-term care, Medicaid will look back for five years to see if assets were transferred.
3. Testator’s child predeceased him, but anti-lapse statutes may allow the child’s share to pass to his next of kin rather than lapse.
4. The testator may name himself the trustee of a testamentary trust.
5. A durable power of attorney survives the incapacity but not the death of the principal.
1. True
2. True
3. True
4. False
5. True
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Paralegals can serve subpoenas.
Answer the following statement true (T) or false (F)
Dee's husband has been physically abusing her. She does not want to leave him or to force him to move out but she does want him to stop hitting her when he gets angry. Which of the following type of order should she seek?
A) a restraining order B) a no-contact order C) a stay away order D) a criminal order
Identify at least five kinds of information a spouse would rather not share with the other spouse and his or her attorney. What are the best methods of locating this sought-after information? In your response: a) identity potential assets that a spouse may attempt to hide; and b) how a paralegal or attorney can source this information without court involvement
What will be an ideal response?
a. clickwrap agreement b. license c. browsewrap agreement d. arbitration e. forum selection f. shrinkwrap agreement g. UETA h. E-Sign i. choice of law j. personal jurisdiction ?Alternative legal proceeding to settle disputes other than a court.
Fill in the blank(s) with the appropriate word(s).