Concepts of Federalism, Due Process and Equal Protection
When preparing a will, it is important to understand the laws and jurisdictions that revolve around it. In this regard it ifs important to understand the government structure and laws on the issue of distribution of assets. Federalism is a concept where the government has its powers distributed among various structures and units ( Heritage.org, n.d. ). In America, the powers are divided between the national government and other government units. In this context the US constitution outlines the relationship between the federal government and the states governments. This means that Americans are under multiple jurisdiction. For instance a person have to pay federal income tax to the national government as well as pay state and city income taxes to help support local government services.
The concept of due process of law is found in the fifth and the fourteenth amendment to the United States constitution. The clause is based on the fundamental principle of fairness in all legal matters, especially those before the court. Additionally the concept of due process allows for the enforcement and protection of private rights of the people affected the court case. The concept prohibits government deprivations of “life, liberty, or property, without due process of law” ( Heritage.org, n.d. ). The due process statutes serves to incorporate against the state, a specific protections defined in the bill of rights, and also promotes a guarantee of fair procedure. Lastly the concept of equal protection requires that the state should guarantee the same rights, privileges and protections to all citizens. Therefore the state should desist from passing laws that arbitrarily discriminate against any person.
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Wills Laws in Kansas
The last will and testament is an important legal document that helps in distribution of a person’s assets. If a person dies without leaving a Will in the Kansas state they are considered to have died interstate and the state laws will be applied in determining how the assets will be distributed ( Kansas Wills Laws - FindLaw, n.d ). A will is an important document because if a person dies without a having left a will, the court will determine how the assets will be shared and the beneficiaries are not at liberty of disputing a courts distribution of the properties. The laws applied in this case are referred to as the interstate succession laws.
According to the Kansas laws, a will can be created by anyone who have attained the age of 18 years, is married and has a spouse and children to inherit their properties. Alternatively a will might be prepared by a court or another person who is of sound mind. The verbal wills are not valid in Kansas; a valid will must be in writing, be signed at the end by the testator (the person making the will), or be signed by someone else in presence of or the express direction of the testator ( Kansas Wills Laws - FindLaw, n.d) . There should be witnesses of the testator signing the Will or heard him or her acknowledge the will. For a will to be valid and acceptable it must be self-proved the testator and the witnesses need to sign and notarize an additional statement. The witnesses (who should be at least two) need to be legally competent at the time of signing the will. The witnesses should not be beneficiaries of the will by any means; the people drafting the will, such as a lawyer or a personal secretary should not be given gifts unless they are relatives of the testator ( Kansas Wills Laws - FindLaw, n.d) .
According to the Kansas state laws, a will can be revoked if there is a new will or other writing that directly revokes any prior wills. It can also be revoked wen it is burnt, torn, cancelled or destroyed by the testator or any other person under the direction of the
Of the testator and in his or her presence. The will might also be revoked if the testator will marry or have children by birth or adoption after they have created will. A divorce can also serve to revoke the will that might be made; especially touching on provisions to the former spouse.
A verbal will is only valid if it was made during the testator’s last sickness. However the oral will can only be used to distribute property if it is put into writing and has two or more disinterested witnesses. Handwritten will are not acceptable in Kansas ( Kansas Wills Laws - FindLaw, n.d) . According to Kansas laws a will is only valid if the testator lived during its creation or it was made during his or her death. The will mist be written and signed by the testator in presence of at least two disinterested witnesses; disinterested in this case implies that the witness is not receiving something from the will.
It is important to note that a spouse or a civil partner who has not renounced or given up his or her rights to the testator’s estates is entitled to the legal rights share. This means that the spouse has the right to inherit a half of all the estates if the testators does or doesn’t have children. The spouse is liable of getting the share even worth going to the court. The testators also have the privilege of increasing the spouses share of assets in his or her will ( Kansas Wills Laws - FindLaw, n.d) . The children does not have such privileges in the Will and distribution of assets and properties.
A Guide on Creating a Will
The citizen’s information website contains vital information that can be utilized in making a will. The guide details on the reasons why it is necessary on making a will, the rules on making a will, how the estates should be distributed, what comprises of a valid will and the format of a valid will. Additional information in the website page includes revocation of the will, legal rights of the spouses and the losing of rights under a will ( Citizensinformation.ie, n.d. ). Here is a link to the website http://www.citizensinformation.ie/en/death/before_a_death/making_a_will.html
My Last Will and Testament
Michael Joseph,
2345, Longhorn avenue,
Kansas City.
Ref: LAST WILL AND TESTAMENT
Revocation of Former Wills
In writing this last will and testament I hereby revoke and disown any earlier wills and testamentary instruments made by me and declare this to be my last will and testament.
Appointment of Executor
I wish to appoint my wife Casey Joseph of ID number 786345 and my eldest son Taylor Joseph of ID number 348974 as the executors who will help in carrying out my wishes upon my death.
Nomination of a guardian :
In the absence of a natural guardian I nominate Frank James of ID numbe723986 to be the guardian of my estate or failing him, Clare joseph of ID number 289182 will become the guardian of my children.
Payment of debts
I direct that my debts and funeral expenses and any hospital bills be first paid from my estate.
Distribution of assets
As my last will, I hereby direct that my wife , Casey Joseph of ID number 786345 will inherit my fully furnished house located in longhorn avenue, Kansas City.
Distribution of Vehicles
I give my firstborn son Taylor Joseph of ID number 348974 my Chevrolet Colorado double cabin car. The executioner will give the mentioned beneficiary al the documents related to the vehicle.
I give my last born daughter Allison Joseph of ID number 239828 my Ford explorer platinum vehicle. The executioner will issue her with all its documents.
Checking account:
I wish that my checking account that has approximately $1,000 be inherited by my wife Casey Joseph of ID number 786345.
Savings account
I wish that my savings worth $10,000 be distributed equally among my children, namely Taylor Joseph, Madison Joseph and Alison Joseph.
Wedding ring
I would wish my wedding ring worth $3,000 to be sold and the proceeds to be given to my daughter Madison Joseph of ID Number 392882.
Baseball cards
I have a collection of baseball cards worth $1,000 that I wish to be issued to Alison Joseph of ID number 239828.
Pets
I direct that all my pets and any other animals on my estate to be to my wife Casey Joseph of ID number 786345
I hereby declare that this is my last will and testament made on 2 nd day of May, 2018. I made it in my right sound mind and in presence of two witnesses.
Testator
Michael Joseph,
ID number 309001
Signature:
Witness 1
Frank James
ID number 231000
Signature
Witness 2
Clare Joseph
ID number 908871
Signature
References
Citizensinformation.ie. (n.d.). Making a will. Retrieved from http://www.citizensinformation.ie/en/death/before_a_death/making_a_will.html
Heritage.org. (n.d.). Guide to the Constitution. Retrieved from https://www.heritage.org/constitution/#!/amendments/14/essays/170/due-process-clause
Kansas Wills Laws - FindLaw. (n.d.). Retrieved from https://statelaws.findlaw.com/kansas-law/kansas-wills-laws.html
