The first issue is Cynthia Cash Will valid and enforceable. Under California Probate Code 6110, the requirements for a Will to be valid it must be in writing, signed by a competent maker of 18 years or older, and attested to by two or more witnesses. First, Cynthia did not have two witnesses when she signed her Will and dated. Second, when she wrote her Will on the napkin and attaches it to her typewritten assets it becomes invalid because her assets were typed and not written. Lastly, if one to make an argument Cynthia was not competent. The element of competent is forgetfulness, moments of confusion, and bizarre behavior on grounds that the Will was lack of competent. The reason for Cynthia to be competent would be that she consumed too much …show more content…
According to California Probate Code, when a parent dies depending on the state, a minor child as to be taken care of until the age of 18 years old and gives the inheritance right to the minor child. The deceased parent cannot disinherit the child. In this case, Cynthia Cash as a 6 year old son, who is a minor. If she passed away the child would need someone to take care of him until the age of 18 years old. Also, the court would protect the child. The court would take a current amount of money that the deceased as to go to the minor child in order for him to be taken care of. Her minor son would be taken care of based on upon the California Probate Code. Under California Probate Court, the court would favor of protecting Cynthia minor son until he reaches the age of 18 years old. The third issue can Cynthia attempt to add another Will to her existing Will and is it valid and enforceable. Revocation of a Will. A person can desire to change her Will over the course of her lifetime. The reason Cynthia can modify or add to her Will is by codicil. A codicil is a legal document that can be drafted to modify or add to a will. Cynthia can attach her new Will, the post-it to her existing Will, the napkin from “Cheaters”. This would become valid because it is a holographic Will. It would not be enforceable when she adds it to her existing Will because her assets are typewritten. The post-it would become invalid when Cynthia
Cynthia Adae was taken to Clinton Memorial Hospital on June 28, 2006. She was taken to the hospital with back and chest pain. A doctor concluded that she was at high risk for acute coronary syndrome. She was transferred to the Clinton Memorial hospital emergency room. She reported to have pain for two or three weeks and that the pain started in her back or her chest. The pain sometimes increased with heavy breathing and sometimes radiated down her left arm. Cynthia said she had a high fever of 103 to 104 degrees. When she was in the emergency room her temperature was 99.3, she had a heart rate of 140, but her blood
When conducting research for my project, I came across a website that contained a few primary sources regarding the Salem Witch Trials. One of these primary sources was the photo of a legal document explaining the death warrant and reasons for execution of a woman named Bridget Bishop. Bishop was claimed to be a witch in Salem during the year 1692, and the document explaining her significance involving witchcraft resides in the Peabody Essex Museum in Salem, Massachusetts. My thesis for this primary source is that the judge and jury believed they were seeking justice by executing Bishop, a woman whose death was truthfully based on her differences as a person rather than actual crimes she committed.
Ms. Patrice is a result of a full term pregnancy and was given birth to at home. Her father and mother were married. The father was a farm hand and the mother a house wife, both had low IQ, were alcoholic and the father was abusive. Parent had been to jail. She has seven siblings and has a close relationship with one sister who lives in Hazleton Indiana which she will like to visit. She does not want to ever go home because her father had raped her and has given her to another man to rape and the father took money from the man and used in buying alcohol. However records indicated her parent are death. The where about of most of her siblings is not
In order to keep the court from being involved, the parent would have to agree to voluntary placement of the children with a relative (child welfare information gateway, 2016). These situations occur when child welfare finds signs of neglect or abuse that’s not severe enough for the state to take custody or the parent needs to receive some sort of treatment (imafoster.com, 2014). The children often remain in the care of the relative until the parents complete their treatment plans and satisfies the court so that the children can be returned to them. If the parent fails to complete their treatment plans, the kinship caregiver has the option to take permanent managing conservatorship of the children. The caregiver is given the option to take foster care classes in order to receive financial compensation for the children in their care. The state typically provides some form of financial compensation when the children are initially placed and CPS assists with clothing and gifts for the children while they are under their care. Legal and medical decisions regarding the children are left to the caregiver with oversight from the placing
The family discussed includes a father (M.M.) age 27, a mother (J.M.) age 25, and an infant son (J.L.M.) age four months. M.M. and J.M. are the biological parents
The wife’s incompetency to make any decisions deems her unable to provide consent to sexual intercourse. Being a competent human being includes the ability to understand, appreciate and rationally manipulate information, as well as the ability to express a choice (Fischer, 2009, p. 24). The wife does not possess any of the traits associated with competency. Therefore, she is not competent enough to make the decision to consent to sexual intercourse. Not only is she unable to verbaliz...
This case comes down to: Does the written living will or the proxy named in the living will have the louder voice in end-of-life care discussions? In this case, the voice of the proxy won. In the best cases, such decisions should be made together at the time of the creation of the living will with both the patient and the proxy. If this occurred, the son would be more on the same page with the concerns for his mother’s end of life care. Another way of solving the issue of the possibility of the woman’s life changing over the past seven years, would be having a way for the woman to acknowledge that thoughts are still the same by updating/resigning the living will
Many people have heard or read about the situations of child celebrities such as Jenna Malone, Drew Barrymore, Christina Ricci, Michelle Williams and Macauley Culkin or child athletes like Dominique Moceanu, but few have heard of a more compelling situation as that of Aaron Kipnis. This young man was brutally beaten by his stepfather at the age of eleven. Instead of punishing his stepfather, the state of California made the eleven year old a ward of the state. Being a ward, in the states juvenile system, was a horrific experience. For the next five years, Kipnis began a cycle of running away, getting caught, and living in temporary housing. It was not until he was sixteen that a parole officer recommended he pursue legal emancipation. His freedom was finally granted at seventeen (Rupp 1&2).
If the deceased is a minor, then their parents, regardless of marital status, can file a lawsuit.
...r the age of eighteen is not considered an adult. It has been proved that a person does not mature mentally until about age twenty one. Many basic adult rights are not granted to juveniles because they are not responsible enough to assume the role of an adult. It goes without saying that the law regards those under the age of eighteen as minors, and so these minors shall not ever be treated as an adult in a court of law. Three basic reasons that minors should not be tried as adults are the decreased mental capacity of juveniles, the basic adult rights are not granted to juveniles, and the fact that prison is an unsuitable environment for minors. Juveniles and adult do not have a parallel mental capacity; therefore, a juvenile should not be tried as an adult in a court of law, and should instead be subject to separate age-specific judicial procedures and legislation.
The first power of appointment mentioned in the Will is in the second paragraph. In this case, Roosevelt (power holder/donee) is directing that the $60,000 trust fund, which he received from his father (creator or donor), be given to his children in equal amounts. It can not be determined if Roosevelt exercised a general power of appointment or a limited power of appointment because the language of his father’s will is unknown, and thus there is no way to determine whether or not Roosevelt had any restrictions on the enjoyment of the money contained in the fund.
anything about the matter. No child should have to pay the heavy burden of abandonment. could
The criminal justice system, in every country applies justice to everyone, but when it comes to minors is something completely different, if they commit a crime where the life of someone is involved the things change in a drastic
# Whether the minor has an attorney. Disposing of a case informally may be less likely when a child has a lawyer.
The legal system in the United States doesn’t have a lot of gray areas when it comes to murder cases, usually someone’s going to jail at the end of the day. However there are certain cases involving children where the law needs to be viewed with exceptions. Sometimes the laws need to bring new ideas and concepts into consideration that weren’t thought of when the laws were originally written. For instance in most cases when an adult kills another adult, the adult who killed the other person will be convicted and sent to prison. But in the cases of when a young child kills another person the law cannot be too quick to convict them due to many discoveries in the field of childhood development. A young child ages 2-6 is still developing biologically,