1b. If a decedent is survived by a spouse and no issue:

If a decedent is survived by a spouse and no issue, the spouse can, petition the probate court to inherit up to $75,000* of decedent’s intestate real estate outright; otherwise, the spouse will just be entitled to only a life estate — i.e., the right to use the real estate for life, but spouse cannot sell it or give it away. The spouse also inherits $50,000 worth of spouse’s personal property, plus 1/2 of the balance. EPTL §4-1.1(a)(2) In New York, when a decedent is survived by a spouse and no issue, the whole estate goes to the spouse.

Intestate Succession in Rhode Island

1a. If decedent is survived by a spouse and issue:

The statutes governing intestate succession in Rhode Island and New York are different. R.I. Gen. Laws Ann. § 33-1-12 (West 1956) directly addresses the intestate estate. It says that any part of a decedent’s estate that does not get disposed of by a will, will pass by succession to the decedent’s heirs. Detailing the intestate succession further, R.I. Gen. Laws Ann. § 33-1-5 (West 1956), says that the spouse has the right to use decedent’s intestate real estate for life, along with inheriting one-half of the spouse’s personal property. The descendants, including issue, inherit everything else. Provisions are made for issue here in §§ 33-1-1 and in § 33-1-2 distribution to decedents’ parents and other kin are discussed. According to § 33-1-6 a surviving spouse in fee [simple] real estate and situated in Rhode Island shall inherit the fee simple estate, although not exceeding one hundred fifty thousand dollars ($150,000) in value. In contrast, according to EPTL § 4-1.1(a)(1), in New York when a decedent is survived by a spouse and issue, the distribution shall be fifty thousand dollars and one half of the residue and then the balance is distributed to the issue, by representation.

Inheritance laws of the United States (part 3)

https://en.wikipedia.org/wiki/Georgia_(U.S._state)

1.

a) Spouse and descendants equally share the intestate property, but the spouse’s share may not be less than 1/3. In New York, The spouse collects the first $50k and splits the remaining by half with the issue(s).

b) In both Georgia and New York the spouse gets everything.

c) Parents inherit everything in both states.

2. Testamentary Capacity : Georgia Code § 53-4-10.

a) Same as NY; 18

3. Duly Execution: Georgia Code § 53-4-20.

a) Two witnesses in both states.

4. Atlanta City, Georgia. Estimated population 443,775.

http://www.peachtreelaw.com/probate_attorney.htm

This website belongs to a female probate lawyer. Unlike the other cites I found, this one is very professional. She speaks about her professional background and current involvement in the community. This attorney specializes in probates and estate planning.

5. http://www.rev-inc.com/

This webpage makes me want to have some Real Estate to be appraised. Very fancy and well put together.

6. The Probate Court is located in Fulton County, Atlanta, GA

136 Pryor Street SW
Suite C-230
404-613-4070

http://www.clerkofcourt.maricopa.gov/clerk_images/se_juvenile.jpg

7. Herzing University Atlanta
Legal Studies Program
3393 Peachtree Road NE
Suite 1003
Atlanta, GA 30326
Director: Jennifer S. Cantor
Telephone: 404-816-4533 ext 15133
Fax: 404-816-5576

https://www.herzing.edu/career-programs/business/legal-assisting-paralegal

The school is the only ABA approved school in Atlanta, GA.

Tuition Fees:

Herzing :$6,450.00 Full time /Semester  Per Credit $565.00

City Tech: $3400.00 Full time/Semester Per credit $650.00

https://www.herzing.edu/tuition-financial-aid/tuition-cost/atlanta-tuition-cost-program

“PL 139 Wills, Trusts and Estates This course covers the study and practice of wills, trusts, and estates, stressing the need for understanding the concepts, uses, and forms involved in this ever-changing area of the law. 3.00 credit hours. Prerequisite: PL 106 Legal Research. Corequisite: None.”

https://www.herzing.edu/files/herzing-university-course-descriptions.pdf

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

Part II

(1) Kansas Intestate Succession

(A) Based on Kansas Statutes Annotated, Chapter 59. Probate Code, Article 5. Intestate Succession Kan.Stat.Ann. § 59-504(West 2015) states that if a decedent died intestate and is survived by a spouse and issue one-half of the decedent’s property shall pass to the surviving spouse. The other half shall pass to the issue of the decedent. This differs from New York Intestate Succession because the EPTL § 4-1.1 (a)(1) states that when a decedent dies leaving a surviving spouse and issues the surviving spouse gets the first $50,000 and one-half of what’s left after.

(B) Based on Kansas Statutes Annotated, Chapter 59. Probate Code, Article 5. Intestate Succession Kan.Stat.Ann. § 59-504(West 2015) states that if a decedent died intestate and is survived by a spouse and no issue all of the decedent’s property shall pass to the surviving spouse. This is the same as New York Intestate Succession because the EPTL § 4-1.1 (a) (2) states that when a decedent is survived by a spouse and no issue then everything goes to the surviving spouse.

(C) Based on Kansas Statutes Annotated, Chapter 59. Probate Code, Article 5. Intestate Succession Kan.Stat.Ann. § 59-507(West 2015) states that if a decedent died intestate and is survived by no spouse and no issue(s) all of the decedent’s property shall pass to a surviving parent or surviving parents in equal shares. This is the same as New York Intestate Succession because the EPTL § 4-1.1 (a) (4) states that when a decedent is survived by no spouse and no issue then everything goes to a parent or both parents equally.

(2) Kansas Age of Testamentary Capacity

According to Kansas Statutes Annotated, Chapter 59. Probate Code, Article 6. Wills Kan.Stat.Ann. § 59-601(West 2015) any person who is of sound mind and is 18 years of age or older possess testamentary capacity to make a will. This is the same as New York testamentary capacity requirements because the EPTL § 3-1.1 states that any person 18 years of age or older and who has sound mind and memory can make a will.

(3) Number of Witnesses Necessary to duly execute a will in Kansas

According to Kansas Statutes Annotated, Chapter 59. Probate Code, Article 6. Wills Kan.Stat.Ann. § 59-606 (West 2015) a duly executed will shall be in the presence of two or more competent witnesses. This is the same as New York due execution of a will because the EPTL § 3-2.1 states that a testator must sign a will in the presence of at least two witnesses.

Part III

(4) The city with the largest population in Kansas is Wichita. Wichita has a population of 382,368 people. A law firm that specializes in probate/ estate planning is the Michael L. McCafferty firm. Michael L. McCafferty is an estate planning attorney who is the owner of the small firm. He devotes his time assisting clients with estate planning, creating wills and trusts, and more. I like the way the website is laid out and put together. I like the short video McCafferty put on his website basically introducing himself and an overview of what he does. McCafferty cares deeply about his hometown of Wichita and about fulfilling the needs of his clients. He states that he “values things like hard work, honesty, and integrity, which makes up the foundation of his practice.”

http://www.mccaffertylaw.com/index.php

(5) A real estate appraiser in Wichita is the Roger Turner Company. I personally did not like the layout and setup of the website. A part from that the website is very informative. Roger Turner Company has a team of certified appraisers who are qualified to help clients and knows the values of real estate. Some examples of income producing property in which Roger Turner Company performs valuations on are shopping malls and plazas, retail business parks, hotels, apartment buildings, convenience stores, and more. Overall, based off the information provided on the website Roger Turner Company seems like a upright real estate appraiser company.

http://www.rogerturnerco.com/

(6)

 The Probate Department is located at the Juvenile and Probate courthouse at 1900 East Morris, Wichita, KS, 67211.

(7) If a student wants to obtain either an Associate or Baccalaureate degree in paralegal studies in Wichita he or she can attend Newman University. It only offers associates degree in paralegal studies. This school is not approved by the ABA and it does cost more than City Tech. To attend Newman University off campus per year it is estimated to be $26, 190 and on campus per year is estimated to be $33, 530. Unfortunately there is no description of the Estates, Trusts, and Wills course provided. http://newmanu.edu/academics/undergraduate/paralegal-wichita

https://upload.wikimedia.org/wikipedia/commons/thumb/2/22/Flag_of_West_Virginia.svg/285px-Flag_of_West_Virginia.svg.png

https://en.m.wikipedia.org/wiki/Flag_of_Alaska#

Source found at https://en.wikipedia.org/wiki/Coat_of_arms_of_New_Jersey

https://commons.wikimedia.org/wiki/File:Flag-map_of_Montana.svg

2. If a decedent is survived by a spouse and issue.

Montana: According to the MONT CODE ANN § 72-2-112(3): Share of spouse:

If the issue is of both the decedent and the surviving spouse, the first $150,000 + ½ (fifty thousand and a half) of the intestate estate goes to the spouse. The remainder goes to the issue.

New York: EPTL: §4-1.1(a)(1):

The spouse receives first $50,000 + ½ (fifty thousand and one half) of the instate estate and the remainder goes to the issue by representation.

2. If a decedent is survived by a spouse and no issue.

Montana: According to the MONT CODE ANN § 72-2-112(2): Share of spouse:

If the decedent is survived by a spouse and no issue the spouse get the first $200,000 + 3/4^th (two-hundred thousand and three fourths) of any intestate estate if there is a surviving parent of the descendent. If there is no surviving parent then the surviving spouse gets the entire instate estate.

New York: EPTL: §4-1.1(a)(2):

The spouse gets the entire share.

3. If a decedent is survived by no spouse and no issue.

Montana: MONT CODE ANN § 72-2-113 : Montana Code – Section 72-2-113(1)(b):

If the decedent is survived by no spouse or issue the decedents parents receive the intestate estate by representation and if both survive, they receive equal shares.

New York: EPTL: §4-1.1(a)(4):

If the decedent has no spouse or issue, the entire intestate estate will go to the surviving parents by representation.

2. According to Montana Code Annotated, 2005, § 72-2-521, the age of testamentary capacity in Montana is the minimum age of 18 years old, has to be a written document and may be a Holographic Will.

According to the NYS EPTL § 3-1.1, the age of testamentary capacity in New York State is being 18 years of age or older and having sound mind and memory.

3. According to Montana Code Annotated, 2005, § 72-2-525, the State of Montana only needs a total of 2 witnesses to execute a will.

According to the NYS EPTL § 3-2.1 New York also requires a minimum of 2 witnesses to execute a will.

4. The city with in Montana with the largest population is called Billings. Billings has a population of 104,170 and counting.

The Law Firm of Sol Lovas, Lawyer, P.C. specializes in Wills and Probate Law. When I found the site I found it to be very straight forward and to the point. The links are functioning and it is located in Billings, MT.

http://www.lovaslaw.com/

5. Appraisal Solutions, Inc. is a real estate appraiser company in Billings, MT. I found the site to be kind of sketchy looking at first but the real estate appraisal did a god job in getting detail on the site to make it easy for seekers to understand.

http://www.armorgan.com

6. Montana’s Supreme Court
7. The  University of Montana  provides an associates degree in Paralegal studies.

http://www.paralegal-degrees-certificates.com/schools-in/Montana/the-university-of-montana.html