6. Probate Court
City Hall just after its dedication on November 14, 1878
Address: Probate Court, City Hall, 25 Dorrance Street, Providence RI 02903
I selected this 1878 photo because, aside from being majestic, it gives the viewer a clear view. All the available contemporary photos had problems, view obscured by trees, etc. and only partial views of the City Hall. The building is the same today as it was in 1878, but the statue has been moved.
5. The http://www.capraroappraisal.com/
The usual real estate appraisers services like mortgages and tax assessments. The service that is most interesting to us, is the Estate Planning and the Settlement services, after the death of a loved one, like determining the value of the estate.
About the website: It’s sad that with one of the best art schools in the world relatively nearby, Rhode Island School of Design (RISD), the
4. The city with the largest population in Rhode Island is Providence, population 178,042. For comparison, the next most populous city, with less than half of Providence’s population is Warwick with 82,672.
I used Martindale-Hubbell to search law firms in Providence, R.I. that “specialize in probate/estate planning”. Martindale listed many firms that have a probate/estate planning/trust practice among their other practices. I chose Verrill Dana LLP which was established in 1862. Their website is: http://www.verrilldana.com
I chose Verrill Dana LLP mainly because of their well presented and information rich website. Probably because they have 135 attorneys, they are able to staff three groups for each of the areas being examined here. The lawyers in Verrill Dana’s Probate Litigation Group represent individuals, fiduciaries and institutions involved in contested and uncontested matters involving trusts and estates in the probate courts. Another Verrill Dana group is the Fiduciary Services Group which serves as trustees of trusts and representatives of estates. Their site says they offer “full service trust management, trust administration.” There is also an Estate Planning and Estate Administration Group.
I like that Verrill Dana’s website justifiably boasts about their apparently well-deserved accolades: “Selected by Fortune Magazine and Martindale-Hubbell as a “2015 Top Ranked Law Firm.”” And the firm was “Recognized in the 2015 U.S. News – Best Lawyers “Best Law Firms” rankings”. The most impressive accolade occurred on 4/30/2015, when Law360, a company owned by Lexis, released its 2015 Glass Ceiling Report, in which Verrill Dana is ranked the “11th best law firm for female attorneys”. In the report, the Firm is also recognized for “surpassing the national average for percentage of females in its partnership by 14%”.
https://en.wikipedia.org/wiki/Flag_of_Florida
Questions:
1A:
The laws of intestacy under the state of Florida, states that a decedent that dies without a will, but leaves behind both a surviving spouse and issue and the issue, all of whom are also children of that spouse and that the spouse has no other issue from any previous unions, the spouse respectfully inherits the entire estate. Had the spouse have prior children, her inheritance would have been ½ of the estate. (Florida Stat.Ann. §732.102 (2) [West 2011]). In comparison to New York’s EPTL Section 4-1.1(1) where the laws differ, a decedent that dies with both the surviving spouse and issue, the spouse receives the first $50,000 and one half of the residue while the issue inherit the balance of that estate equally. New York’s law does not affect how the property is distributed based on if the spouse has prior children neither does it allow for the spouse to inherit the entire estate when there are descendants of that marriage.
1B
In the state of Florida, if a decedent dies intestate, but dies with a surviving spouse and no issue, according to Florida Stat.Ann. §732.102 (1) [West 2011]), the spouse receives the entire intestate estate. This law, which is similar to New York’s EPTL Section 4-1.1 (2) also states that the surviving spouse of the decedent inherits the entire estate.
1C
In Florida, a person who dies without a will, with no surviving spouse nor issue, the intestate estate rightfully passes to the surviving parents of the decedent, if there is no surviving parent, the estate goes to the brothers/sisters of that decedent. (Florida Stat.Ann. §732.103 (2) [West 2007]). Florida’s intestate law, which is similar to New York’s EPTL section 4-1.1 (4) also inherits the parents of the estate of the decedent if they are no spouse or issue at time of death.
2.
Testamentary capacity in the state of Florida requires that the person must 18 years old or older, or being an emancipated minor. (Florida Stat.Ann. §732.501[West 2002]). As well is in New York, EPTL Section 3-1.1 also states that a person has to be 18 or over to make a valid will.
3.
Florida’s statutes state that for a will to be duly executed, along with the other requirements, the will must be signed, acknowledged or the testator must state if they have previously signed the will in the presence of at least two attesting witnesses. (Florida Stat.Ann. §732.502 [West 2003]). Florida’s law, in similarity with New York’s EPTL section 3-1.1 also requires the will to be signed in the presence of at least two witnesses as well.
4.
The largest city in the state of Florida is Jacksonville, which consists of a population of 821,784 residents. The Law office of Katherine Schnauss Naugle, P.L (located at 810 Margaret Street, Jacksonville, FL) is a firm that specializes in probate, wills, elder law, and estate planning. My initial reaction to the site was that it was very informative and well executed as it provided brief descriptions about the area of law and also included a blog. http://www.jaxlawteam.com/
5.
My thoughts upon seeing the website for Hollis Appraisals located in 2974 Hartley Road West Jacksonville, FL was that they were quite descriptive as they showcased their appraisers and also provided potential customers with a quote if they were interested in their services. http://www.hollisappraisals.com/
6.
Unlike the state of New York, Florida does not have a separate probate court. The Circuit Court has jurisdiction over estate matters.
Name of Ct: Circuit Court Clerk
Address: 501 W Adams St, Jacksonville, Duval County, FL 32202
The new Duval County Courthouse that opened in June 2012.
7.
Florida State College at Jacksonville, located at 501 W State St, Jacksonville, FL offers an Associate in Science Degree majoring in Paralegal Studies. Their program is approved by the American Bar Association. Their tuition fee is $114.52 per credit for in-state residents which is an estimated $3,435.06 per year. As opposed to City tech’s, tuition, in which they charge $275 per credit totaling to 8,250 per academic year resulting in City tech’s tuition costing an additional $4,815 more.
Description of their Estates, Trusts and Wills Course: This course is a study of the legal aspects of the preparation of wills, trusts and advanced directives as well as the probating of estates. It also covers the procedures involved in accounting, administrations, gifts, life insurance and estate planning.
http://www.fscj.edu/academics/areas-of-study/public-safety-and-security/paralegal-studies-as
1A, According to the statute of the intestate laws in New Jersey, New Jersey Stat.Ann. § 3B:5-3(West 2009) if a decedent dies intestate and is survived by a spouse and issue everything goes to the surviving spouse. In New York if a decedent dies intestate and is survived by spouse and issue the spouse gets the first $50,000 and a half of what is left. The issue will get the other half by representation.
1B.In New Jersey if decedent dies intestate and is survived by a spouse and no issue everything goes to the spouse,New Jersey Stat.Ann. § 3B:5-3(West 2009) In New York if a decedent dies intestate and is survived by spouse and no issue then everything goes to the spouse.
1C.In New Jersey if decedent dies intestate with no surviving spouse and no surviving issue everything goes t to the decedents parents,New Jersey Stat.Ann. § 3B:5-3(West 2009). In New York the law is the same if decedent dies intestate with no surviving spouse or issue the parents of the decedent get everything.
2. In the state of New Jersey an individual can make a will if the individual is 18 years old or older and has sound mind and memory,New Jersey Stat.Ann. § 3B:3-1(West 2005). The laws for testamentary capacity in New Jersey and New York are the same. Like New Jersey, in New York an individual must be 18 year old or older and have sound mind and memory to make a will.
3.In New Jersey there must be at least two witnesses at the due execution of a will, New Jersey Stat.Ann. § 3B:3-2(West 2005). The same goes for New York. In New York there must be two or more witnesses to a properly execution of a will.
https://upload.wikimedia.org/wikipedia/commons/thumb/6/69/Flag_of_South_Carolina.svg/218px-Flag_of_South_Carolina.svg.png
1(a). If a decedent is survived by a spouse and issue in South Carolina and dies intestate, under the South Carolina Probate Code, Section 62-2-102 the surviving spouse gets half of the estate and the issue gets the other half. This is different from New York Law because under the EPTL, Laws of Intestacy, if a decedent dies intestate, the surviving spouse gets the first $50,000.00 and one half of the residue of the estate, and the issue gets the remainder.
(b). If a decedent is survived by a spouse and no issue in South Carolina, under the South Carolina Probate Code, Section 62-2-102 the entire estate goes to the surviving spouse. This is the same as New York Law, under the EPTL, Laws of intestacy, if a decedent dies intestate with a surviving spouse and no issue, the entire estate goes to the surviving spouse.
(c). If a decedent is survived by no spouse and no issue in South Carolina and dies intestate, under the South Carolina Probate Code, Section 62-2-103 the entire estate goes to the decedent’s surviving parent or parents. this law is the same as New York Law.
2. In South Carolina, the age of Testamentary Capacity under the South Carolina Probate Code, Section 62-2-501 is actually not specified. Technically it is anyone who is not a minor which would make it at least 18 years of age, however, this statute has some alternatives. It says to have Testamentary Capacity, one must not be a minor, a minor is defined as anyone who is under 18 years old, unless they’re married or emancipated, which is when a child is freed from control of his or her parents. This is different from New York Law, because in New York Law, the age is specified that a person must be 18 years old for Testamentary Capacity.
3. In South Carolina, Under the South Carolina Probate Code, Section 62-2-503, there only has to be one witness to duly execute a will. This is different from New York Law because in New York, there has to be at least three witnesses to duly execute a will.
1(a):
N.H.Rev.STAT.ANN.§ 561:1(I)(b) (2004) stated that:
spouse and descendants from decedent and that spouse, and the spouse has no other descendants
· spouse inherits the first $250,000 of the intestate property, plus 1/2 of the balance
· decedent’s descendants inherit everything else by representation.
also N.H.Rev.STAT.ANN.§ 561:1(I)(d) (2004) stated that
• spouse and descendants from the decedent and that spouse, and the spouse has descendants from another relationship
• spouse inherits the first $150,000 of the intestate property, plus 1/2 of the balance
• decedent’s descendants inherit everything else by representation.
N.H.Rev.STAT.ANN.§ 561:1(I)(e) (2004) stated that
• spouse and descendants from decedent and someone other than that spouse
• spouse inherits the first $100,000 of the intestate property, plus 1/2 of the balance
• decedent’s descendants inherit everything else by representation.
New Hampshire law is different from New York because the amount of money received by the survivor spouse does not change if there are issue from other relationship.
In New York the survivor spouse with issue will received Fifty thousand dollars and one half of the balance to the spouse, and the rest to the surviving issue by representation.
1(b):
N.H.Rev.STAT.ANN.§ 561:1(I)(a) (2004) stated that :
if the decedent is survived by spouse and no issue
• spouse but no descendants or parents
• spouse inherits everything
also N.H.Rev.STAT.ANN.§ 561:1(I)(c) (2004) stated that :
• spouse and parents
• spouse inherits the first $250,000 of the intestate property, plus 3/4 of the balance
• parents inherit remaining intestate property in equally parts.
New Hampshire law is different from New York because even if the decedent’s parents are surviving and there is no issue, the surviving spouse gets everything.
1(C)
If the Decedent is surviving by no spouse and no issue
N.H.Rev.STAT.ANN.§ 561:1(II)(b) (2004) stated that:
Decedent’s Parents will inherits everything in equally parts.
this New Hampshire Law is the same as New York Law.
2
N.H.Rev.STAT.ANN.§551:1
Every person of the age of eighteen years and married persons under that age, of sane mind, may devise and dispose of their property, real and personal, and of any right or interest they may have in any property, by their last will in writing.
in New York it is the same age as in New Hampshire.
3
N.H.Rev.STAT.ANN.§ 551:2(IV)
Be signed by 2 or more credible witnesses, who shall, at the request of the testator and in the testator’s presence, attest to the testator’s signature.
in New York it is the same Law, but Lawyers will recommends to have at least 3 witnesses.
3. WITNESSES —
R.I. Gen. Laws Ann. § 33-5-5, § § 33-5-6, 33-5-7 (West 1956)
Rhode Island requires that at least, two witnesses must witness the testator’s signature and each other’s signatures, for a will to be valid. New York also requires, at least, two witnesses. EPTL § 3-2.3
. If a decedent is survived by no spouse and no issue:
Under Rhode Island’s “intestate succession” laws, R.I. Gen. Laws Ann. § 33-1-12 (West 1956), when there is no spouse and no issue, the estate will go to relatives. Pertaining to real estate, when there is no so spouse no issue, the intestate succession is more precise. Under , R.I. Gen. Laws Ann. § 33-1-1 (West 1956), the surviving parents shall inherit everything, and if no parent survive(s) then the siblings (i.e., descendants of the parents) t shall inherit. This is basically athe same succession pattern that New York’ has in this situation. EPTL § 4-1.1(a)(4).
2. AGE REQUIREMENT —
R.I. Gen. Laws Ann. § 33-5-2 (West 1956)
The age of testamentary capacity in Rhode Island is eighteen (18) years of age. New York has the same age requirement — 18 years of age in order to make a will EPTL § 3-1.1.
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