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Question
Should some or all of Robyn's estate be used for Allen's maintenance in an institution? Why or why not?
Robyn's estate should not be used for Allen's maintenance in an institution. The reason is that Allen would be disqualified from benefiting from her estate under the slayer rule, which prevents a person who unlawfully and intentionally kills another from inheriting from the victim's estate.
Regarding Allen's mental state, if Allen was declared mentally incompetent and found not guilty of murder by reason of insanity, some courts have held that the slayer rule would not apply.
If a person is mentally incompetent, do you think his/her actions are intentional? Why or why not?
Yes, a mentally incompetent person's actions can be considered intentional. Many state courts have held that an individual who understands the nature and quality of their acts can commit an intentional act, even if they cannot understand the act is wrong.
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