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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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An intestate decedent D dies in a provincial city, leaving a surviving widow W and two legitimate children C1 and C2. A collateral relative CR, who has no legal right to the estate under the State’s intestate succession rules, files a petition for letters of administration in the trial court. The court grants CR’s petition over the objections of W and C1 and C2. (a) State the controlling rule on who may petition for letters of administration in an intestate estate and the priority among applicants. (b) Apply the rule to the facts and determine whether the trial court erred in granting letters of administration to CR; identify who should be appointed instead and the basis for appointment. (c) If the appointment to CR is improper, outline the available remedy for W or C1 and C2.

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