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Full-Text Articles in Estates and Trusts
Common Problem In Administration Of Decedents' Estates, Daniel F. Carmack
Common Problem In Administration Of Decedents' Estates, Daniel F. Carmack
Cleveland State Law Review
Probably the worst pitfall in the administration of decedent's estates is the fact that the law relating to it has so few pitfalls. As opposed to workmen's compensation practice, for example, the statutes covering administration and the devolution of decedent's property are relatively all-inclusive. There is a statute to cover most situations, and if the lawyer will read them, he will probably do a creditable job in most situations. This encourages the average practitioner to think of probate practice as an opportunity to shoot fish in a barrel, and get well paid for doing it. As we shall see, there …
Drafting Of The Simple Will, Ellis V. Rippner
Drafting Of The Simple Will, Ellis V. Rippner
Cleveland State Law Review
The so-called "simple" will is by far the most common type of will drafted by the attorney. In jest it has been said to be that legal instrument requested by the newly retired business man who wishes to "place his house in order" prior to an extended vacation. Double-parked in front of his attorney's office, he wants the will drafted "instanter" so that he can start his trip with "peace of mind." In fact, seldom does a client suggest that his estate problem requires anything more than a "simple will." In truth, however, no properly drafted will can properly be …