WEEK 4 DISCUSSION RESPONSES
Emily Drummond,
A valid will requires the individual to involve a lawyer and a witness to make it valid. The individual should have a sound mind, and it must be voluntarily entered and signed by the testator (Kennedy, 2016). People write wills regarding ownership of property and to avoid disagreements in the future. From time to time, people update their will or change is entirely due to personal circumstances; hence they need a lawyer and witness. Having a back-up will I essential and can be voice record or copies given to different trustworthy personnel. Ella needs to have someone who can sign the will for her, and she can use fingerprints. It is also vital for the testator to sign the end of every page to avoid additional pages and contents. An adequately made will show complete disposal of property, and a testament should be made. In most states, there is a recommended age for those allowed to write a will. Those below the age, a guardian, or parent are legally responsible for fulfilling their wishes.
References
Kennedy, K. M. (2016). Testamentary capacity: a practical guide to the assessment of the ability to make a valid will. Journal of forensic and legal medicine, 19(4), 191-195.retrieved from: https://www.sciencedirect.com/science/article/abs/pii/S1752928X11002514
Romein Pemberton,
I agree with you that the conditions for making a will vary from state to state. For Ella’s’ case, she is not able to write, and her doctor should indicate in her medical records for it to be considered valid. The testator should clearly describe their intentions, write the will or request assistance from a trusted person, and involve a lawyer for it to be a legal document. A will is not complete without the signature of the testator and the witness, and for safety reasons, a copy can be made, or a voice recording is done and kept with different people. The witness should also meet particular qualifications based on state conditions such as: must be competent, have sufficient mental capacity, and appreciate the nature of the act they are witnessing (Minard, 2017). Therefore, a testator must choose a trustworthy witness, and under any circumstances, a testator cannot choose a witness who is a benefactor in the will.
References
Minard, A. (2017) AFTER THE WILL SIGNING:” ALTERATIONS” TO VALID WILLS. Retrieved from: https://heinonline.org/HOL/LandingPage?handle=hein.journals/espjrl39&div=11&id=&page=
QUESTION 2
Leighton Baldwin,
Destroying a community for government or individual benefit can sometimes helpful or destructive. Compensating the affected families will never place them where they had reached. Eminent domain is the power that the government can take private poverty for public use or community benefit (Stoebuck, 2017). I agree that the government should give prior notice to the land and property owners to vacate the property and find other settlements after the money has been reimbursed. The time allowed should be enough to remove their valuables, timber, dismantle the house, and settle well. The short comes of these policies is the lack of a legal process to implement the evacuation policy. It is always sudden and immediate without considering that the livelihoods, jobs, and resources are located in these lands. In some cases, people may be transferred to a government-provided property only to be evacuated again, causing poor socioeconomic status and frustrations.
References
Stoebuck, W. B. (2017). A general theory of eminent domain. Wash. L. Rev., 47, 553. Retrieved from: https://heinonline.org/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/washlr47§ion=29
Emily Drummond,
Thank you for the informative post. You have clearly described the entities of the Eminent domain that states that all private property claimed by the government should be compensated. The eminent domain does not govern the transfer of ownership of a property from one owner to another (Epstein, 2015). The property claimed must solely be for government use or due to danger to human life. I have witnessed many cases where a landowner is evacuated, compensated, and then after a few years, you find a politician claiming the property. The original title owners should file a claim if such cases occur. The legislative laws under eminent domain should be implemented effectively, and ownership used as indicated in the legal agreement. In some states, the government can take the property, and the owner can sue to be compensated. Other countries buy the property directly from the owner. I think the latter option is preferable as the owner I compensated earlier and given time to move out of the land. The government should not use this law to mistreat people but protect their lives.
References
Epstein, R. A. (2015). Takings: Private property and the power of an eminent domain. Harvard University Press. Retrieved from: https://books.google.com/books?hl=en&lr=&id=uz7nJkFvVn0C&oi=fnd&pg=PA1&dq=eminent+domain&ots=b6CYim21Ah&sig=9KWB7-3ZcwaQgSXYTWC32qubue4
Professor Fiorentino,
The power of eminent domain is often abused at the expense of those communities who cannot defend themselves (Merriam & Ross, 2016). I do agree that part of the problem results from the sanctioning of the eminent domain for political reasons. Some corporations occupying government lands can not be evacuated due to their contribution to the success of political leaders. These political leaders are responsible for the approval or restriction of eminent domain: therefore, they have the authority to sanction the eminent domain. The eminent domain only states that property can be taken for public use and not be owned by private entities. When private property is taken, the individuals are compensated after an agreement is reached, and it can only be used in the construction of public amenities. This is not the case for some corporations, where a congress can decide to vote for property to be managed by the private corporation than helped in re-elections.
References
Merriam, D. H., & Ross, M. M. (Eds.). (2016). Eminent domain use and Abuse: Kelo in context. American Bar Association. Retrieved from: https://books.google.co.ke/books?hl=en&lr=&id=7R-X-D0_k88C&oi=fnd&pg=PR11&dq=abuse+of+eminent+domain&ots=sriI0Zbtm3&sig=i1hViTKyXX5lRwxPf9az0iB1cmY&redir_esc=y