Discussion I: Do-It-Yourself Kits
There have been numerous state challenges over whether or not the sales of do-it-yourself kits, such as will and trust kits, constitute UPL. Cases that hold that do-it-yourself kits are not UPL also hold that helping consumers use the kits constitutes UPL.
Based on the above information, answer the following questions:
Do you think this is an appropriate place to draw the line?
What harm could be caused to a consumer who uses a do-it-yourself kit?
What harm could be caused to a non-lawyer who assists someone with a do-it-yourself kit?
How can these kits benefit consumers?
Justify your ideas and responses by using appropriate examples and references from Lexis Advance (including primary sources such as cases, statutes, rules, regulations, etc.), government Web sites, peer-reviewed legal periodicals (not lawyer blogs), which can be supplemented by law dictionaries or the textbook. This means you need to use more than just your text and legal dictionaries.
Discussion II: Estate Taxes
People use gifting either at death or during life as a way to reduce taxes. Here, we will look at different types of gifts and see where and how gifting is best done.
Donna decides to try to lower the amount of her estate by gifting money to her children. She gifts $10,000 to her daughter Amy, $12,000 to her son Jim, and $10,000 to her stepson Pat. Will any of the gifts she has made be subject to gift tax? If so, which ones and why?
Donna has also prepared a will leaving $500,000 to her church and the rest to her husband, Don. Will her bequest to her church and her husband be subject to taxes?
Justify your ideas and responses by using appropriate examples and references from Lexis Advance (including primary sources such as cases, statutes, rules, regulations, etc.), government Web sites, peer-reviewed legal periodicals (not lawyer blogs), which can be supplemented by law dictionaries or the textbook. This means you need to use more than just your text and legal dictionaries.
The response should include a reference list. Double-space, using Times New Roman 12 pnt font, one-inch margins, and APA style of writing and citations.