Nyya Waring – TENNESSEE

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https://en.wikipedia.org/wiki/Tennessee#/media/File:Flag_of_Tennessee.svg

1 a) In Tennessee if a person dies intestate and there is a surviving spouse  and issue the decedent’s property is split equally between the spouse and the issue, however, the spouse’s share can not be less than 1/3. Tenn. CODE ANN §32-2-103 (2015). This is different in New York because according to the EPTL §4-1.1(a) the surviving spouse automatically receives $50,000 from the inheritance and an additional 1/2 of the residue and the surviving issue will inherit the remaining balance. If there are more than one issue then there will be an equal split between them. It also states in the EPTL §5-1.1(a), New York law, the Elective Share or Forced Share is the surviving spouse’s guarantee that he/she receive no less than $50,000 or 1/3 of the net estate  ensuring that the decedent can not totally disinherit his/her spouse.

b) If there is no issue then the surviving spouse inherits the decedent’s entire estate after all taxes and debts are cleared, same as New York law.

c) If there are no surviving spouse or issue then the decedent’s entire estate is shared equally among his/her parents again same as New York law.

2) The lawful age of testamentary capacity in Tennessee is 18 years of age and have a sound mind. Tenn. CODE ANN §32-1-102 (2015). This is slightly different in New York, although the age of capacity and sound mind is the same as Tennessee, New York laws add sound memory, understanding what the testator is signing, and he/she must know the names of and how the Objects in the will are related to him/her. (EPTL §3-1.1)

3) Tenn. CODE ANN. §32-1-104 (2015) states that the number of witnesses to duly execute a will must be two or more, the same as New York.

4) The city with the largest population in Tennessee is Memphis, population 656, 861.  This website was interesting to me because it provided a list of the top lawyers in Memphis that specialized in Probate/Estate and the labeled themselves “Super Lawyers.”  http://attorneys.superlawyers.com/estate-planning-and-probate/tennessee/memphis/.

5) I found this website to be user friendly, and very easy to navigate. They have a list of subtopics that you may click on if you need extra information about these subtopics. For example, If you think your property taxes are too expensive, you click on the box that says, “Property taxes too high”, fill out the fields then in a box below type in your question and they will answer it. That’s so cool!! http://ralphrealestateappraisal.com

6)

Shelby County Probate Court of Memphis, 140 Adams Ave, Memphis, TN 38103

7) Southwest Tennessee Community College in Memphis is an ABA accredited school that offers Trust & Estates major the curriculum is as stated:

LEGL 1370 Trusts & Estates

3 Credit Hour(s)


This course provides an introduction to estate planning and administration and the paralegals role in the probate area. It covers the effect of various types of ownership upon passage of property at owner’s death, with or without a will; basic requirements for trusts and wills; administration of a decedent’s estate; and local Probate Court rules. Students prepare a variety of documents including a last will and testament, and petitions to open and close an estate.

Prerequisite(s): LEGL 1300 and LEGL 1320 with a “C” or better

Trust & Estate
Tuition Fees in state per semester $1981.50
Tuition Fees out of state per semester $7,681.50
Paralegal Studies & Civil Law New York City College of Technology
Tuition Fees in state per semester $2,685.15

 

 

 

 

 

 

 

 

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