Are wills that easily contested? I've seen multiple situations in TV shows, fictional and nonfictional, where wills or other expressions of post-mortem wishes have been contested for reasons that seemed trivial. One was a man who named his friends, a successful married couple, who loved and were loved by this child, and who he believed would be better guardians than his parents (the child's grandparents) to be his daughter's guardians, but once he died there was a legal battle over custody as this man's parent, the child's grandparents, thought they could provide a slightly &quot;better&quot; life due to being more wealthy. Is this enough of an argument? Is a person's dying will not the final say unless extenuating circumstances are proven?
A child is not property, therefore a (deceased) parent cannot transfer ownership. In case the sole custodial parent dies, the court will appoint a guardian for a minor child, and will take into consideration the wishes of the deceased parent, however their primary duty is to protect the interest of the child. It follows from this that objections to nomination of Smith as guardian are more easily sustained, since the requirements for being a guardian (e.g. in Washington) are stricter than the requirements for receiving $100,000. RCW 11.130.090 excludes any guardian who has been &quot;convicted of a crime involving dishonesty, neglect, or use of physical force or other crime relevant to the functions the individual would assume as guardian&quot;, but such a person is not barred from inheriting property. There are limited formal grounds for contesting a will: testator mentally incompetence, formal failure of the document, (the laws surrounding signatures and witnesses), no clear indication that the document is intended to be a will, forgery or fraud, undue influence (such as a gun to the head), or mistake (for example, mistakenly believing that their child was dead therefore leaving it all to a neighbor). So it is possible, but not so easy, to contest a will. Organ donation takes place under separate laws: you can't wait for the probate process to get finished in three months before donating organs.
In the US it's very simple: How does the party that makes the lawsuit get the money in this scenario? They don't. Winning a lawsuit against a person is a legal confirmation that they really do owe you the money. It also gives you the ability to do certain things to try to collect: you could seize their assets or garnish their wages. If they don't have any assets or any income then you are out of luck. You can't take what doesn't exist. As the saying goes, "you can't squeeze blood from a turnip". A bit of legal jargon sometimes used here is to say that such a defendant is judgment proof. Even if you win a lawsuit against them, it won't do you any good, because they just don't have any money. If the person cannot pay it off, does it transfer over to their relatives? No. People are not responsible for the debts of their relatives.
Yes, there is a good chance. Ordinarily, the law as written is what is enforced. On occasion, the wording of the law is actually ambiguous, or vague, which means that the jury will need an instruction as to how to interpret the law. In fact, juries are not literally read the statute, they are given a set of decision-making instructions so that they can decide "If we find X, we must acquit; if we find Y we may convict". Your attorney will, if he is diligent, note the problem and strive for an instruction that favors the client. (The prosecution will of course object). Eventually, on appeal, a court will decide what the law "really means", and that decision might be strictly based on the letter of the law, or it might be based on a supposed spirit of the law, i.e. what the legislature "originally intended". That outcome is determined in part by the jurisprudential ideology of the prevailing justices of the appeals court. Usually, letter of the law prevails until a higher court rules that a particular "spirit" is what was originally intended.
Witness demeanor is absolutely relevant, both to evaluate the credibility of a witness and in a matter such as a child custody case, to evaluate the merits of what constitutes the "best interests of the child" which hinges, in part, on the interpersonal social skills of a parent in dealing with the parent's children. Before I start investing time and energy into acting classes . . . Generally speaking, I would not encourage you to take acting classes. There is nothing that you can learn in a few weeks or months that will fool a judge. Instead, your inept acting effort will only make you look dishonest because, you are being dishonest. If you are "hyper-rational and put too much emphasis towards factual accuracy rather than feelings and emotions of another person", you are better advised to focus on how your personality can have positive aspects, rather than trying to hide who you are in reality. For example, you can emphasize how you have a detailed child care plan, are on top of the children's medical and educational needs, are stable in your work life, and may be able to interact productively with any of the children who share your tendencies in a way that a more neurotypical person might not. In a family law case, the marriage itself, if the couple was married, is assumed to be a lost cause. And, pretty much nobody in a family law court has exemplary interpersonal skills. If they did, their relationships wouldn't have fallen apart, or at least, they would have worked out mutually agreeable parenting arrangements without court assistance. You are better off acknowledging that you are not perfect and showing the court that you have good coping mechanisms than to fake being the person that you believe that the court wants you to be. Someone who has personality and temperament issues who doesn't admit that those are issues is a much bigger concern than someone who has issues but is aware of those issues and demonstrates a conscious attempt to work around or cope with those issues.
An adult is normally assumed to be competent to enter into a contract unless there is some reason to think otherwise. It is not usual to demand evidence of competency unless there is something in the appearance or actions of a party that raises such a question, or something about that party, such as a history of mental illness, known to the other party, that raises such a question. I have heard of a party being medically examined just before signing an important document, to provide evidence of competence, but generally in connection with a will, and generally when the signer is elderly and in poor physical condition, and even then such a procedure is rare. If competence is disputed, medical evidence is required to resolve the question, or more exactly to establish lack of competence. In the absence of such evidence, competence will be presumed. That was the conclusion of the MA Supreme Court in FRANCES M. SPARROW vs. DAVID D. DEMONICO &amp; another, 461 Mass. 322* (2011). The court held: without medical evidence or expert testimony that the mental condition interfered with the party's understanding of the transaction, or her ability to act reasonably in relation to it, the evidence will not be sufficient to support a conclusion of incapacity. It was a significant part of the court's reasoning in that case that a reasonable person might well have entered into the agreement in question, and that the party was represented by a lawyer, and acted in accord with the lawyer's advice. That does not, however, seem to be a requirement; merely additional evidence of the reasonableness of the action.
Yes. There are two different meanings of "to execute" in law. Also note that terms can vary in different jurisdictions. In the UK, most people wouldn't use 'to execute' when signing a Will - they'd just sign it. 1. To bring a written document into effect. Any mark made by the testator on the document validates the will, provided that they intended it to be their signature, and that this signature is meant to execute the will. https://www.thegazette.co.uk/wills-and-probate/content/100522 The Witness Requirement to Execute a Will A will typically must be properly witnessed to be valid. https://www.alllaw.com/articles/nolo/wills-trusts/witness-requirement-execute.html Amendments to a will can only be made while executing a will or after the date of execution of the will. Amendments to a will must comply with the same requirements for a valid will and if you cannot write, with the same requirements listed under that heading. http://www.justice.gov.za/master/m_deseased/deceased_wills.html The term "execute" is not restricted to Wills: When a person "executes" a document, he or she signs it with the proper "formalities". For example: If there is a legal requirement that the signature on the document be witnessed, the person executes the document by signing it in the presence of the required number of witnesses. https://www.apostille.us/faq/what-does-it-mean-to-quotexecutequot-a-documen.shtml Documents are most commonly executed as simple contracts. ... Deeds can also be advantageous even when they are not strictly required by law. For example, if only one party under a contract is receiving a real benefit from an agreement, it would be advisable under English law to execute the contract as a deed so that it is not void for lack of consideration. Another potential advantage of deeds is that they have a longer statutory limitation period than contracts: twelve years. However, a deed requires some additional execution formality beyond a simple signature. Deeds must be in writing and will typically be executed in the presence of a witness, although in the case of a company a deed may be executed effectively by two directors or a director and the company secretary. https://united-kingdom.taylorwessing.com/synapse/commercial_execution.html 2. To carry out the instructions in a Will of a deceased person (in the UK the corresponding role in relation to an intestate estate is an administrator). An executor (male) or executrix (female) is the person named in a will to perform these duties. An administrator (male) or administratrix (female) is the person appointed by the probate court to complete these tasks when there is no will or no executor or executrix has been named in the will. http://www.attorneys.com/wills-trusts-and-probate/executor-versus-administrator Executors and Administrators are responsible for administering the Estate of someone who has died. They are known collectively as Personal Representatives. The Executor’s authority is taken from the Will, and comes into effect immediately on the death of the person who made the Will. In theory, the Executor can exercise all their powers from the date of death. https://www.co-oplegalservices.co.uk/media-centre/articles-may-aug-2017/the-difference-between-an-executor-and-an-administrator/
It is the job of the judge to instruct the jury about the law. If Texas had pattern instructions I'd look up what the instruction is for this matter, but you don't, so I don't know what the judge would say. But it is the judge's sole prerogative to instruct the jury in the law. If the question is a "commitment question", then it is an improper question and should be disallowed, see Stendefer v. State. The question "Would you presume someone guilty if he or she refused a breath test on their refusal alone?" is such a commitment question, and is disallowed. Similarly, "If the evidence, in a hypothetical case, showed that a person was arrested and they had a crack pipe in their pocket, and they had a residue amount in it, and it could be measured, and it could be seen, is there anyone who could not convict a person, based on that" (Atkins v. State, 951 S.W.2d 787). An improper commitment question could be of the type "could you refrain...": Let us assume that you are considering in the penalty phase of any capital murder case, okay? And some of the evidence that has come in shows that the victim's family was greatly impacted and terribly grieved and greatly harmed by the facts․Can you assure us that the knowledge of those facts would not prevent you or substantially impair you in considering a life sentence in such a case (Penry v. State, 903 S.W.2d 715). One way in which a commitment question can be legal is if it asks basically "can you uphold the law?", for example "can you consider probation in a murder case?", or "are you willing to consider mitigating circumstances". The wrong answer to those questions will lead to a for-cause dismissal. The third question is flagrantly improper, the first is rather improper, and the second probably is. If the question can be framed in terms of a candidate's willingness to follow the law, then it should be legal.
Finding Certainty There is only one way for certain: Do the supposedly unlawful thing Get sued (civil) or prosecuted (criminal) Go to court - if you win it wan't illegal If you lose, appeal to the next appellate court in the chain In one of those courts refuses to hear your appeal - it was illegal Repeat as necessary until you reach the Supreme Court - if you win it wan't illegal If you lose or the Supreme Court refuses to hear your appeal - it was illegal. Of course, this whole cycle will take a few years and quite a lot of money. Not certain but persuasive Consult a lawyer: their area of expertise is knowing what the law is and how it will likely apply to your circumstances. Of course, they can be wrong about this because - see above. Why is this so hard? Common law jurisdictions, of which Florida is an example, do not have a "Code of Laws" where you can look things up and see if they are legal or illegal. The Common Law in Florida is partially enacted law (by the US, Florida, County, City and finally your housing corporation) and partially unenacted law (decisions made by courts about both the enacted and unenacted law). In fact, enacted law is usually quite ambiguous until it has a body of unenacted (or case) law that surrounds it and provides guidance on how the courts will interpret it. Part of a lawyers skill is knowing (within their area of expertise) what the relevant case and statute law is with respect to the specific facts of the case, or knowing how to research them. Publish and be damned! You can always take the Duke of Wellingtons approach. In common law jurisdictions, everything is legal unless there is a law (enacted or unenacted) that makes it otherwise. If you do not believe that the action you wish to take is illegal then advise the other party that you will give them 24 hours to come back with a court injunction to prohibit it, otherwise you will proceed. You can't call a bluff harder than this!