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Danaya C. Wright, professor of law, University of Florida Law in Gainesville, Fla.
The Legal Services Corporation estimates that low income Americans don’t receive adequate legal help for 92% of their substantial civil legal problems.1 The same survey indicates that 14% of those households experience issues with estate planning (not only issues with wills but also powers of attorney and health care directives). These are long-standing problems that, over the last two generations, have given rise to the “non-probate revolution,” which allows increasing amounts of wealth to pass not by probate or will but by beneficiary designation, including life insurance and retirement assets, other financial assets and even real estate.2 In many instances, general observation suggests that many individuals complete those beneficiary ...
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