California- Intestate Succession

1)Cal.Prob.Code§1600(West2000) governs intestate succession in the state of California and it states that any part of the decedent’s estate that is not disposed of by his will , must pass to his heirs as provided. (A) According to Cal.Prob.Code§6402(a)(West2000), in the matter of a decedent being survived by a spouse and a issue, the spouse inherits the entire community property and one-half of the separate property, the child/ren inherits one-half(1/2)  of the separate property. Compared to New York’s intestate succession, N.Y.Est. Powers and Trusts §4-1.1(Mckinney2013) provides that if a decedent is survived by spouse and issue, the spouse gets the first $50,000 and half of the remainder.  The issue inherits the rest by representation, meaning everyone in the same generation gets an equal share. B) If a decedent is survived by no spouse and no issue, then the estate goes to the decedent’s parents equally according to Cal.Prob.Code.§6402(West2000) New York’s Probate Laws provides the same in this case according to N.Y.Est Powers Trusts Law§4-1.1(4)(Mckinney2013)

2) Cal.Prob.Code§6111(West2000)concerns holographic wills and they are valid whether or not witnessed. The signature must be in the handwriting of the testator. Compared to New York’s laws, this type of will is only valid if made by civilians who are accompanying the armed forces during a war, members of the armed forces, on active duty during a war according to N.Y.Est Powers Trusts Law§3-2.1(Mckinney2013) (B) Cal.Prob.Code§6110(West2000)addresses nuncupative wills and they are not valid in the state of California. According to the statute, all wills must be in writing. When compared to New York’s laws, this type of will is valid under the same special circumstances as holographic wills. 

3) Cal.Prob.Code§6110(c)(2)(West2000) requires two competent adults attesting as witnesses in order for a will to be duly executed. The same is required in New York according to N.Y.Est Powers Trusts Law.§3-2.1(Mckinney2013)

4)San Diego has the second largest population in California, with 1,307,402 residents according to the US Census Website. (B) Attached you will find a link to a local law firm known as Armstrong, Fisch and Tutoti located in San Diego who specializes in Estate Planning.  Not only do they specialize in estate planning, they also help families with Medicaid planning resources.  According to their website, they even help families preserve their legacy, including life stories and heirlooms.

5) Attached you will find  a link to a local Real Estate Appraisal business in San Diego known as Brian Ward Appraisal.  According to their website, they are a team of “licensed real estate appraisers with as many as 30 years experience.”

6) San Diego’s Probate Court is called Superior Court of California and it is located at 1409 4th Ave. San Diego, CA 92101.  

7) If a student wishes to earn an Associates or Baccalaureate degree in Paralegal studies, he/she may earn  a Degree inParalegal Associate in Science Degree from Cuyamaca College, one of many ABA approved schools located in Rancho, in San Diego.  Cuyamaca’s Paralegal Course is a whopping $6,693 per semester, a lot more expensive than City Tech’s $2,865 per semester. There’s an Estate Planning and Probate Law Course, which is equivalent to our Estates, Wills and Trusts course.

PART II

Here is a Statue of Lucille Ball in Palm Springs, California.  Star of the  sitcom, I Love Lucy, Lucille Ball is being honored because she was known as one of few female comedians during her time (1940s) with one of Hollywood’s longest careers.  She paved the way for other up coming female comedians.  Lucy is displayed here sitting on a bench wearing a smile.  I remember being a fan of I Love Lucy, the laughs were priceless.

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