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5. Why is it essential for paralegals working in the field of wills, estates, and trusts?


and to have a fundamental understanding of the meaning of property, the various kinds of property, and how it relates to this specialized area of law?

Because the laws of real property, personal property, and trusts are rife with pitfalls for the unwary.

You need an idea of the various kinds of interest one can have in property, because one cannot convey more interest than he has in real or personal property. You could "cloud" a title, thus causing the true owner needless expense in clearing it.

You need an idea of the kinds of tenancy, so you know whether a testator's interest can be conveyed via a will. If the deed says it's a husband/wife joint tenancy with right of survivorship, there's a problem if he's trying to convey that house to his Uncle Bo in the will. When he croaks, by operation of law the house passes to his wife.

If you're doing a trust, you want an idea of the Rule Against Perpetuities so you can make sure the trust doesn't violate it.

Of course, your attorney bears ultimate responsibility for your work product...but a good paralegal will do work that doesn't need correcting.

Because most wills, estates, and trusts are regarding property and the distribution of them after someone dies. Usually when someone dies they convey their property to someone. Or they might die intestate and the property will have to be sold and the equity has to be distributed among the heirs. Most people that have enough assets for someone to want an interest in them, own property. The biggest chunk of most people's life savings is in the equity of their property.

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