The Law is the most binding framework of the justice system. It offers elaborate guidelines on what is perceived as wrong and what is considered right. It further goes ahead to elaborate and project various methods that can be used in settling conflict and disputes. The rights and freedoms of every citizen, whether a minor or adult, are graphically outlined in the law as well. The ordinary citizen may not be aware of some of the intricate segments of the law, or constitution. With that, they may unknowingly have their rights and freedoms abused, or the law used wrongfully to their demise. It is the role of Lawyers, Advocates, Attorneys, and other legal experts to intervene and ensure that their representatives are rightfully served by the law.
Family, Their Background, and the Issue Affecting
Melisa and Miller are orphans who lost their parents five months ago to a tragic road accident. Both of them were adopted children of their late parents. Melisa is a 19-year old African-American girl while Miller is a 17-year old Caucasian boy. Their late parents were Caucasian. Their father was the second born to their family and had four siblings. The first born was a male, who is deceased. The third and fourth born are males, 33 and 29 of age; while the last born is a 25-year old lady. The deceased parents were quite wealthy, and their untimely death came when they had not written a will. Since the passing of their parents, Melisa and Miller have been living in their parents’ mansion under the care of their 25-year-old auntie with the help of the house staff.
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Their paternal uncles are high school dropouts who have been living in their late parents’ house. Both are formally unemployed, but make a living from running a few enterprises they inherited from their parents. Since the passing of their brother and sister-in-law, they have quietly been scheming on how they will acquire their brother’s wealth. The two have no regard for the kids and have been under the impression that the kids were adopted and have no right to inheritance. Their younger sister, who has been taking care of Melisa and Miller, has been silent throughout but stern that the kids should not be deprived of their rights. The absence of a will makes the whole matter complicated, and only an impartial advocate can intercede and lay out a proper way that is both rightful and law abiding.
The family is not new to misunderstandings related to inheritance. When the parents of the brothers passed, the same matter arose. Despite the presence of a very graphic will, the young brothers sophisticated the inheritance matter claiming that the two elder brothers had been favored. The issue escalated to the point of involving the authorities since the youngest brothers wanted to grab the property forcefully. The issue settled up when the recently deceased brother left his share of the inheritance for them to take. Also, the death of their firstborn brother, who was not married, left the brothers another chunk of property to themselves. At the unfortunate death of Melisa and Miller’s parents, the three brothers were not in good terms. However, now that their brother has passed, the two have started showing concern and acknowledging blood ties with the deceased.
Inheritance is perhaps one of the most controversial and disputable matter that most families undergo. Many family members have established permanent rivalry and hatred due to inheritance-related issues. Some have even gone ahead to maim each other or conspire to intimidate their family members just to get the upper hand in inheritance. The matter rockets to a whole new dimension when there is involvement of minors in the tussle. Children, who in most instances have the greatest right to inheriting what their parents leave behind, end up being victims of their fortune. Most kids are given less consideration when inheritance subject pops up for discussion.
Role of Legal Advocacy
Legal advocacy is the most instrumental tool that would settle this intricate matter. In the absence of a will, the law and constitution is usually the next consultant on who should take what. It may be obvious that the two uncles may be reluctant to involve an advocate on the issue since the law often favors minors. Therefore, Melisa and Miller, with the help of their auntie, will probably be the first ones to seek the intervention of an advocate. This will be a major step since in many cases, the persons who are first to involve the judicial arm of the federal government are likely to gain favor from the system (Culp, 2013).
The role of an advocate would first be to make sure that there is completely no will that was left behind by consulting various courthouses, lawyers, and attorneys. After ensuring that, bringing the two disputing parties together would be the next step. The matter would be easily solved if the two sides would work out an amicable solution where no one is disregarded. However, this would be very difficult since the two uncles want to keep everything that belonged to their late brother to themselves (Maclean & John, 2009). One of the main roles of legal advocacy, for that reason, would be to bring the two parties into agreement. ‘Greed’ would have to be excluded in the ‘intervention sessions’ between the two parties.
Another major role of legal advocacy would be to give voice to the parties, more so the children. A 19-year-old with a 17-year-old may not have the voice, determination, and confidence it takes to confront two greedy uncles. As if not enough, when you factor in that the children were adopted by their deceased parents, their confidence diminishes even more. It would also be the duty of the legal advocate to ensure that threats or intimidation of any kind is not involved in the matter (Ross, 2007). Neutrality is a professional virtue and duty that an advocate would have to uphold throughout the process.
Legal Strategies, Challenges, and Remedies
The law is usually very descriptive, particular, and concise on matters that involve inheritance and minors. One strategy would be to involve several family members and agree on a fair way to share the inheritance. After a consensus, the advocate would afterward take the agreement to the judicial system and make it bind through an affidavit. If an agreement cannot be reached, the advocate can fill for a court hearing where a jury can be involved. These are the two main courses that the matter can take. Complications often arise on the real value of a property, or certain parties failing to show up for court hearing sessions. These matters are usually past both the parties and advocate. The law thereafter takes its course (Ross, 2007).
Challenges faced by advocates include threats and intimidation. Some parties in the dispute go-ahead to threaten or intimidate the advocates into their favor. Co-operation and support from both parties is usually another main challenge that advocates face. Matters of paternity and establishing blood ties often pose as stumbling blocks in advocacy. The solution to all these challenges is to remain within the legal framework at every instance. The law provides a vivid direction for every complex legal matter that anyone may face (Law, 2010). If there is no straightforward way outlined in the law, advocates are required to consult other experts like lawyers, fellow advocates, attorneys, and judges for guidance.
A family is the basic constructive unit of society. It is from the family that society is built and consequently a country. Disputes, conflict, and misunderstandings are part of the principles of the natural order of our existence. How we approach the disputes with a mentality of putting up a viable remedy that is long-lasting and effective; primarily constitutes solutions. Advocates are elementarily interceders between the law and family or other social set-ups. Law-abidance should not be negotiable on any occasion when solving family-related misunderstandings. Advocates should maintain neutrality, and impartial follow-up of the law when partaking matters that surround family disputes.
References
Culp, A., M. (2013). Child and Family Advocacy: Bridging the Gaps Between Research, Practice, and Policy. LA: Springer Science & Business Media.
Law, B. (2010). The Family Law. PA: ReadHowYouWant.com publishers.
Maclean, M. & John, E. (2009). Family Law Advocacy : How Barristers Help the Victims of Family Failure. London: Bloomsbury Publishing.
Ross, D. (2007). Advocacy . Cambridge: Cambridge University Press.
