Question
Scenario: After your extensive work for Samantha and Darrin Knight, under the direction of your supervising attorney, Elizabeth Montgomery, you should have a good understanding
Scenario: After your extensive work for Samantha and Darrin Knight, under the direction of your supervising attorney, Elizabeth Montgomery, you should have a good understanding of the estate planning process. To date as Ms. Montgomery's paralegal you have prepared the client data sheets and office check lists for the Samantha and Darrin Knight estates. You have also prepared Mrs. Knight's last and will testament and advance directives. Ms. Knight executed her will and documents last week before going on a family vacation to Florida. Tragedy has struck the Knights and the office has just been notified that Samantha was killed over the weekend in an auto accident while vacationing in Florida. Tabitha has contacted the firm regarding probating her mother's estate.
Directions
Ms. Montgomery is devastated by the loss of her good friend and has asked you to do the following research. Draft a client letter to Samantha's next of kin explaining the probate process in your jurisdiction and attach a draft copy of the initial probate petition.
Purpose a client letter that addresses the following:
1.Explain in detail the jurisdiction of the probate court.
2.Identify the correct estate laws and probate court rules for the jurisdiction.
3.Outline and explain the procedure governing how the estate will progress through the court.
4.Explain the pre-probate phase and the role of your law office in the probate process.
5.Explain the duties and responsibilities of the executor/trix.
6.Explain the probate phase and the post probate administration phase up through and including the final accounting.
7.Consider all aspects of Samantha's estate and explain what will happen to probate and non- probate assets.
8.Explain whether ancillary proceeding may be required.
9.Define any legal terminology used throughout your letter as the client is most likely unfamiliar with the legal system.
10.Attach a draft of the probate petition in accordance with the probate requirements in your jurisdiction for the client's review.
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