Post your answer to the questions below. I suggest reviewing the grading rubric
ID: 352651 • Letter: P
Question
Post your answer to the questions below. I suggest reviewing the grading rubric for discussions before you begin answering the following questions. Postings should be at least 1-2 complete paragraphs that demonstrate understanding of the subject matter. Be sure to use correct grammar and spelling.An 85-year-old woman named Harriet, passes away. Her will, executed 1 year prior to her death, directs that her entire estate should pass to the home-health care worker who assisted her the last two years of her life. Harriet's two sons were very disappointed that they were excluded from the will.
Is this a case of undue influence, such that the sons could successfully contest the will and receive the estate's assets? Explain.
Explanation / Answer
A will of assets made by Harriet states that her entire estate should pass to the home-health care worker who assisted her the last two years of her life, this made both her sons very much disappointed which was very obvious. The activity that Harriet executed was may be due to the influence that the home-health care worker had on Harriet but this cannot be stated as a case of undue influence because a will considered to be made based on the wishes of the person making the will and even Harriet on this case did the same thing and deprived her sons from the property because she felt that the home-health care worker should receive it.
I believe that this case if taken to the court will not help the sons because they are by degault the heir to the property but as Harriet had a will and she has expressed to Grant her property to the home-health care worker so there is no way the property will go to the sons. A will is considered to be an important document in such instances and the verdict is generally made considering the terms in the will and hence the outcome is clear in this case.