Question
Estate planning is planning for death, and that is a difficult thing for many people to do. Therefore, how we react with folks coming to
Estate planning is planning for death, and that is a difficult thing for many people to do. Therefore, how we react with folks coming to an estate-planning attorney's office is critical.
After a Will is drafted and finalized, it must be properly signed and witnessed. Should the drafting attorney need to be present for the signing, or could a paralegal who "specializes" in this area be allowed to supervise?
What procedures would you use to put a new client at ease to elicit confidential familial and financial information for preparing legal documents, such as a will? What personality factors of the client could you consider while determining your approach?
Case law and statutes governing the proper execution of a will exist in every state. At least one state prohibits non-lawyers from supervising the execution of a will, which state?
A few states allow non-lawyers to supervise the execution of a will, which states? Which position do you support and why?
What is Ohio's stance on this issue?
Should a non-lawyer/paralegal with 20 years' experience in the estate-planning field be allowed to supervise will execution?
Justify your ideas and responses by using appropriate examples and references (including primary sources such as cases, statutes, rules, regulations, etc.), government Web sites, peer-reviewed legal periodicals (not lawyer blogs), which can be supplemented by law dictionaries or the textbook.
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