Monthly Archives: November 2015

Nyya Waring – TENNESSEE

Flag of Tennessee

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

 

 

 

 

 

 

 

 

Arkansas- Lizzette Ramos

Flag of Arkansas.svg

https://en.wikipedia.org/wiki/Flag_of_Arkansas

PART 2:

  1.  Arkansas intestate succession law: Ark.Code.Ann. § 28-9-214(1969)

a. If the decedent is survived by a spouse and issue in the state of Arkansa then the spouse will only receive one-third of the decedent’s assets and the issue will receive two-thirds of the assets. This differs from New York law because in NY the spouse will get the first $50,000 and then half.

b. If a decedent is survived by a spouse and no issue, then the surviving spouse will get one-half of your assets, if it married less than three years. The other half of the assets are passed to the parents, if living. If no living parents, the assets will be passed to the siblings of the decedent. However, if the siblings of the decedent predeceased, his/her children would take the share. This is different from NY law because in NY the spouse will get everything.

c. If the decedent is survived by no spouse and no issue, then the parents get everything. This law is the same as NY law.

2. Arkansas Testamentary Capacity law: A.C.A. § 28-25-101. The person making the will has to have sufficient mental capacity, he has to understand what he’s giving away, to whom he is giving it to, and realize the relationship of the people receiving the gift in his will and has to be 18 years old. It appears to be the same as New York law, where the testator needs to have sound and mind.

3. Arkansa will Execution law: A.CA. §28-25-103. There has to be two witnesses to  will signing in Arkansas, same as New York.

PART 3

4. The city with the largest population in Arkansas is Little Rock with a population of 193, 524. One law firm that handles trusts and estates in Little Rock is The Henry Firm  http://www.thehenryfirmpa.com/probate/

5. Little Rock’s Real Estate Appraiser: http://arkansasappraisers.com/

6. Pulaski Circuit/County Clerk: 401 W Markham St #100, Little Rock, AR 72201

7. ABA approved Paralegal schools in Arkansas:

University of Arkansas http://cast.uafs.edu/associates-and-certificates/paralegal-studies

 

 

Connecticut- Ailin Guo

Part 1

594px-Flag_of_Connecticut.svg

https://en.wikipedia.org/wiki/Flag_of_Connecticut

Part 2

I. Intestacy Law of Connecticut

A. If a decedent is survived by a spouse and issue.
In Connecticut if a decedent dies intestate and is survive by a spouse and issue, the estate can be distributed in two ways.

  1. The first one hundred thousand dollars ($100,000) plus one-half of the remaining balance goes to the surviving spouse if all surviving issue of the decedent are also issue of the spouse. Conn. Gen. Stat. Ann. §45a-437 (West 2014).
  2. The surviving spouse takes one-half of the estate if the one or more of decedent’s surviving issue are not issue of the spouse. Conn. Gen. Stat. Ann. §45a-437 (West 2014).
  • After distribution to the surviving spouse in both cases, the residue of the estate is distributed among the children, including posthumous children per stirpes. Conn. Gen. Stat. Ann. §45a-438 (West 2014).

The difference is according to the New York’s Estates, Powers & Trusts Law, the surviving spouse gets the first fifty thousand ($50,000) and one-half regardless if the surviving issues of the decedent are issue of the spouse and the remaining balance is distributed among all issues of decedent by representation and not per strips.

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

  1. The entire estate goes to the surviving spouse if there is no surviving issue or parent of the decedent. Conn. Gen. Stat. Ann. §45a-437 (West 2014).
  2. The surviving spouse gets the first one hundred thousand dollars ($100,000) plus three-quarter of the balance if the decedent is survived by parent(s) the remaining will be equally distributed among them. Conn. Gen. Stat. Ann. §45a-437 (West 2014).

This is differ from New York’s intestacy law which the entire estate would go to the surviving spouse regardless if the decedent is survived by parent(s).

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

  • If a decedent have no surviving spouse and issue the entire estate goes to parent(s) equally. Conn. Gen. Stat. Ann. §45a-439 (West 2014).

This is the same as New York’s intestacy laws.

II. Testamentary Capacity in Connecticut

  • Any person over eighteen years old and of sound mind can make a will. Conn. Gen. Stat. Ann. §45a-250 (West 2014).

This is the same standard set forth in New York’s Estates, Powers & Trusts Law for testamentary capacity.

III. Number of witnesses require for due execution of a Will.

  • Two witnesses are needed for due execution of a Will in Connecticut. Conn. Gen. Stat. Ann. §45a-251 (West 2014).
  • This is the same number of witnesses required under New York’s Estates, Powers & Trusts Law for due execution.

Part 3

4. Largest populated City in Connecticut is Bridgeport. Ganim Legal, P.C is a law firm that specializes in probate/estate planning.  They have over 20 years of experience in probate/estate planning.  They offer free consultations and they also do personal injury, family law, and real estate law.

5. Baldwin Pearson & Company, Inc. real estate appraiser who is a family owned business and been commercial and industrial brokers and appraiser since 1953.

6. Bridgeport Probate Court, 202 Connecticut 130, Bridgeport, CT 06604

7. Sacred Heart University. Never mentioned if it’s ABA approved.  Cost $18,460 per semester, which is more than City Tech.

 

Tykeyah griffin- Oklahoma

https://commons.wikimedia.org/wiki/File:Flag_of_Oklahoma.svg#globalusage

675px-Flag_of_Oklahoma_svg

Part 2

1.

A. If a decedent is survived by a spouse by a spouse and issue:
the spouse inherits 1/2 of your intestate property and your descendants inherit everything else.
Example: Tom is married to Keyah, and they have two children. Tom and Keyah own a large bank account in joint tenancy, and keyah is the beneficiary . When Tom dies, Keyah receives the life insurance policy proceeds and inherits the bank account outright. Tom also owns $800,000 worth of other property that would have passed under a will. Karen inherits $400,000 worth of that property and the two children inherit $200,000 each.

-In new York law if a decedent is survived by a spouse and issue:
spouse inherits 50,000 and one-half, and the balance to the issue by representation.
example: Mary is married to Corey and they have one kid. Mary gets hit by a bus and wins $100,000. Corey gets $75,000 of the money and their kid gets what’s left of the money 25,000.

B. If a decedent is survived by a spouse and no issue
the spouse inherits everything
Example: Peanut is married to Latoya. They have no children. Peanut dies and owns $50,000 worth things. Latoya keeps everything.

-In New York law the same applies survived by spouse but no issue, the whole to the spouse.

C. If a decedent is survived by no spouse and no issue
you parents inherit everything.

Example: Bill is single and owns One million dollars worth things. Bill get killed. He has no spouse or issues so everything goes to Bill’s parents.

2. Citation that provides the age of testamentary capacity in Oklahoma
Okl. Stat. Ann. tit. 84§ 41 (2003):
New York Statute : N.Y.EPT. LAW § 3-5.1

3. Citation that provides the number of witnesses necessary to duly execute a will in Oklahoma
OKLA. STAT. tit. x,84 §41,
New York Statute: Estates, Powers & Trusts §§3-1.1,

4. Oklahoma city has the largest population in Oklahoma.
website :
https://www.estateplanning.com/member/?member_id=10473
my reactions to the website was that the website has a lot of information and all the topics on probate and estate. very informational.

5.real estate appraiser
http://caesarappraisal.com/
the website looks boring, but it has links to different types of reasons for an appraises.

6. Oklahoma County Court Clerk | 320 Robert S. Kerr, Room 409 | Oklahoma City, OK 73102
court

7.Oklahoma City Community College, Program Length: 6 weeks, Tuition: $1,189 for full program (effective 2011-2012) . The tuition is less than city tech its actually cheaper. the school is ABA approved,

website
http://learn.org/articles/Paralegal_Studies_Degree_Programs_near_Oklahoma_City_OK_What_are_the_Most_Popular_Colleges.html

North Carolina- oluyemi ipadeola

750px-Flag_of_North_Carolina.svg

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

Question 1a

A)  N.C GEN. STAT. § 29-14.a1 if the decendent is survived by a spouse and issue, the spouse will get one half undivided interest in real property, and the issue will get the other half

N.C GEN. STAT. § 29-14.b1 for personal property , if the whole property value does not exceed sixth thousand the spouse gets every thing,but if does exceed sixth thousand the spouse gets first sixth thousand then half of the balance of personal property.

N.Y. EST. POWERS & TRUSTS LAW § 4-1. 1. a1  In New York, if a decedent is survived by a spouse and issue, the spouse gets fifty thousand dollars, and then one half o fteh remaining and the balance belongs to the issue.

1b) N.C GEN. STAT. § 29-14. a4 If the decedent is not survived by any issue, the surviving spouse gets the whole real property

N.C GEN. STAT. § 29-14. b4 if the spouse is not survived by any issue , the surviving spouse gets the whole personal property.

in New York, N.Y. EST. POWERS & TRUSTS  LAW § 4-1.1. a2 if the decedent is not survived by any issue , the surviving spouse gets the whole property.

1c) NC.GEN.STAT. §29-15-4, If the decedent is not survived by a spouse and issue, eh surviving parents shall take in equal shares, if either parent are dead the surviving parent shall take the entire share.

in New York, N.Y. EST. POWERS & TRUSTS LAW § 4-1.1.a1 The whole property goes to both parents being shared equally, or the surviving parent gets the entire property

Question 2

N.C. GEN STAT. CHAP 31-1.3. states that a person 18 years and older  and of sound mind can make a will

N.Y. Est. Powers & Trusts. Law § 3-1.1 a person of sound mind and age of 18 or older can make a will in New York.

Question 3

N. C.  Gen. Stat. Chap 31-1.3 requires two witnesses to attest a will in north carolina to make it vaild

N.Y. Est. Powers & Trusts. Law § 3-2.1.4, requires two witnesses to attest a will in New York to make it valid.

Question 4

CHARLOTEE CITY – over 700,000 people.

http://www.debrafosterlaw.net

it  a wonderful website with a top view of the city buildings. it also spells out it’s objectives and goals. it has also being in a successful business for over thirty years.

Question 5

http://www.mcdonaldappraisal.com/

This website gives a detailed account of the objective and goals of the firms. it  a decent website.

QUESTION 6

Mecklenburg county court.

Mecklenburg New Courthouse Front

P. O. Box 37971, Charlotte, NC 28237-7971. Courier Box 05-19-43. Information, 704-686-0400

QUESTION 7

http://www.kingscollegecharlotte.edu/

it is not yet Approved by the ABA.

it cost more to go there. tuition is $28,610 for the Associate program.

The description of the estates, trust and wills course is not available online.

 

 

 

 

 

 

 

Maine- Dorothy Haase

http://www.usa4kids.com/images/bigflags/maine.gif

http://www.usa4kids.com/images/bigflags/maine.gif

Part 2

  1. (a)Me. Rev. Stat. tit.18-A ss. 2-102 (3),(4) (2015).  If the decedent is survived by spouse and issue and the issue is the issue of the surviving spouse as well then the surviving spouse gets the first $50,000 and 1/2 of the intestate estate.  The issue get the rest of the intestate estate to be distributed per capita.  If the issue is not the issue of the surviving spouse then the surviving issue gets half of the intestate estate and the issue gets the other half to be distributed per capita, or equally.  This is different than New York State law where the surviving spouse would still receive the first $50,000 and then 1/2 of the remaining estate.  However, the surviving issue would inherit the remaining estate but it would be distributed among the issue by representation meaning by generation instead of per capita.  Also in New York it does not matter if the issue is the surviving spouse, only that that issue is the issue of the decedent.                                                                                                                           (b) Me. Rev. Stat. tit. 18-A ss. 2-102 (1) (2015).  If the decedent is survived only by a spouse and no issue or parent then the surviving spouse inherits the entire intestate estate.    This is the same as New York State law.                                                                                                       (c) Me. Rev. Stat. tit. 18-A ss. 2-103 (2) (2015).  If the decedent has no surviving spouse or issue then the intestate estate passes to the decedents parents pre capita or equally.  This is the same as New York State Law.
  2. Me. Rev. Stat. tit. 18-A ss. 2-501 (2015).  Testamentary capacity in Maine is being 18 years of age at least and being of sound mind.   This is the same in New York State.
  3. Me. Rev. Stat. tit. 18-A ss. 2-502 (2015).  In Maine for a will to be properly executed there must be at least two witnesses who witnessed the testator signing the will or witnessed the testator acknowledging that the signature on the will is the testator’s.  This is the same in New York State.

Part 3: In Maine, Portland is the city with the largest population.

4. I found the law firm Casco Bay Law firm that specializes in probate law in Portland, Maine.  This is the link http://www.cascobaylaw.com/practice-areas/probate .  I found that the website was very helpful.  They have an about us section that tells you not only who the lawyers are that work in the firm but provides an opportunity for the viewer to learn more about the types of law that the firm specializes in.This is the link http://www.cascobaylaw.com/practice-areas/probate .

5. I found an appraiser in Portland, Maine by the name of Northstar Appraisal.  This website gives a wealth of information.  It tells, what they do appraisals for, why they do appraisals, and how this company even does their sales commission.  So for someone who has no idea how appraisals work and why someone would do it, this is very helpful. Also it is a very user, friendly website.  This is the link to website http://www.northstarappraisal.com/content.aspx .

6. Cumberland County, Probate Court located at 142 Federal Street, Portland, Maine, 04101.

7. A student may attend Kaplan University in South Portland, Maine to get their Associate or Bachelor’s degree in Paralegal studies.  This is the link to their website http://www.kaplanuniversity.edu/south-portland-maine.aspx

This program is ABA approved and it costs $66,780 total for the bachelors degree (thats the cost after four years).  For the associates program you will have payed$33,390 after two years.  This is much more than it costs at City Tech for these programs.

South Dakota

Part 1: Due November 11th, 2015:

https://en.wikipedia.org/wiki/Flag_of_South_Dakota

Part 2: Due November 25th, 2015:

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

The entire intestate estate goes to spouse if no descendant of the decedent survives the decedent; or all of the decedent’s surviving descendants are also descendants of the surviving spouse. The first $100,000, plus one-half of any balance of the intestate estate goes to surviving spouse, if one or more of the decedent’s surviving descendants are not descendants of the surviving spouse. (http://www.mystatewill.com/states/sd_law.html)

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

The entire intestate estate goes to spouse if no descendant of the decedent survives the decedent; or all of the decedent’s surviving descendants are also descendants of the surviving spouse. (http://www.mystatewill.com/states/sd_law.html)

       c) If a decedent is survived by no spouse and no issue. 

If there is no surviving descendant, estate goes to the decedent’s parents equally if both survive, or to the surviving parent; If there is no surviving descendant or parent, estate goes to the descendants of the decedent’s parents or either of them by representation.

If there is no surviving descendant, parent, or descendant of a parent, but the decedent is survived by one or more grandparents or descendants of grandparents, half of the estate passes to the decedent’s paternal grandparents equally if both survive, or to the surviving paternal grandparent, or by representation to the descendants of the decedent’s paternal grandparents or either of them if both are deceased; and the other half passes to the decedent’s maternal relatives in the same manner; but if there is no surviving grandparent or descendant of a grandparent on either the paternal or the maternal side, the entire estate passes to the decedent’s relatives on the other side in the same manner as the half.(http://www.mystatewill.com/states/sd_law.html)

To compare to New York for Question #1 on statutes that govern intestate succession in the following three situations:

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

The first $50,000, plus one-half of any balance of the intestate estate goes to surviving spouse and the rest gets divided between the decedent’s surviving descendants.

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

A surviving spouse and no issue, the whole estate to the surviving spouse.

c) If a decedent is survived by no spouse and no issue. 

The whole to the surviving parent or parents.

 

2. In South Dakota, an individual 18 or more years of age who is of sound mind, may make a will. (http://law.justia.com/cases/south-dakota/supreme-court/1998/550.html).  In New York State, an individual 18 or more or older who is of sound mind and memory can make a will.

3. In South Dakota in order to duly execute a will there must be two witnesses  (http://livingtrustnetwork.com/estate-planning-center/last-will-and-testament/requirements-for-a-will/southdakota.html). In New York State in order to duly execute a will there must be two witnesses as well.

 

Part 3: Due December 2nd, 2015:

4) The largest city population in South Dakota is Sioux Falls City. http://www.togetherweteach.com/TWTIC/uscityinfo/41sd/sdpopr/41sdpr.htm

See link below to the website of a law firm that specializes in Probate/Estate planning in Sioux Falls city.

http://www.cathompsonlaw.com/

5) See link below for a real estate appraiser in Sioux Falls City.

http://www.shaykettappraisal.com/

6) Sioux Falls city is located in Minnehaha County. Minnehaha County Clerk of Court’s Office was the closest I was able to get in my search to find where a probate case of Sioux Falls city may be heard. The address of the court is 425 N. Dakota Avenue
Sioux Falls, SD 57104.

See image of the Court below

Minnehaha County Courthouse

7) If a student wishes to earn an Associates or Bachelors degree in legal studies in Sioux Falls city, they may attend National American University. Here is the link to the schools website http://www.national.edu/. This school is ABA approved. Their tuition costs $100 more per credit that City College of Technology tuition.

Oregon- Gina Delgado

 

Part One:

https://en.wikipedia.org/wiki/Oregon

Part Two:

1.) The following are Oregon’s statutes to intestate succession in three situations:

  1. If the decedent leaves a surviving spouse and issue, the intestate share of the surviving spouse can be distributed in two ways:
  2. a) If there are surviving issue of the decedent all of whom are issue of the surviving spouse also, the entire net intestate estate.
  3. b) If there are surviving issue of the decedent one or more of whom are not issue of the surviving spouse, one-half of the net intestate estate. Or. Stat. Ann. § 112.025 (West 2015). The difference in New York is that if one dies intestate and leaves behind a surviving spouse and issue, the surviving spouse’s intestate share is the first $50,000 plus ½ of the remainder of the estate.  The rest is simply divided among the issues. N.Y. Est. Powers & Trusts Law § 4-1.1 (a) (1) (McKinney 2015).

2. If the decedent leaves a surviving spouse and no issue, the surviving spouse shall have all of the net intestate estate. Or. Stat. Ann. § 112.035 (West 2015). The difference in New York is that if one is survived by a spouse and no issue, the entire estate goes to the surviving spouse. N.Y. Est. Powers & Trusts Law § 4-1.1 (a) (2) (McKinney 2015).

3. The part of the net intestate estate not passing to the surviving spouse or issue shall pass:

a) To the issue of the decedent. If the issues are all of the same degree of kinship to the decedent, they shall take equally, but if of unequal degree, then those of more degrees take by representation.

b) If there is no surviving issue, to the surviving parents of the decedent.

c) If there is no surviving issue or parent, to the siblings of the decedent and the issue of any deceased sibling of the decedent by representation. If there is no surviving brother or sister, the issue of the siblings take equally if they are all of the same degree to the decedent, but if it is unequal degree, then those of more remote degrees take by representation.

d) If there is no surviving issue, the parent or issue of a parent, to the grandparents of the decedent and the issue of any deceased grandparent of the decedent by representation. If there is no surviving grandparent, the issue of grandparents take equally if they are all of the same degree of kinship to the decedent, but if of unequal degree, then those of more remote degrees take by representation.

e) If, at the time of taking, surviving parents or grandparents of the decedent are married to each other, they shall take real property as tenants by the entirety and personal property as joint owners with the right of survivorship. Or. Stat. Ann. § 112.045 (West 2015). The difference in New York is that if there is no spouse nor issue, the estate automatically goes to the surviving parents. N.Y. Est. Powers & Trusts Law § 4-1.1 (a) (5) (McKinney 2015).

2.) The following are Oregon and New York’s statute to Testamentary Capacity.

  1. In Oregon, any person who is 18 years of age or older or who has been lawfully married, and who is of sound mind and memory, may make a will.  Or. Stat. Ann §112.225 (West 2015). This is the same concept in New York; any person who is 18 years of age or older or who has been lawfully married, and who is of sound mind and memory, may make a will. N.Y. Est. Powers & Trusts Law § 3-1.1 (McKinney 2015).

3.) The following are Oregon and New York’s statute to the number of witnesses during an execution of a will.

  1. In Oregon, in order to duly execute a will there must be two witnesses.  Or. Stat. Ann. § 112.235 (West 2015). Similarly, in New York in order to duly execute a will there must be two witnesses. However it is recommended to have three witnesses at most. N.Y. Est. Powers & Trusts Law § 3-2.1 (a) (4) (McKinney 2015).

Part Three:

4. The largest city in Oregon is Portland.

http://huntpc.com/practice-areas/estate-planning/?gclid=CNjgoPaArMkCFUMXHwodk-8Oiw

This website is very simple to follow. If one is thinking about estate planning, they will have all the information that they will need.  It has a firm overview, the attorneys, the practice areas, and etc.  It also has all of their contact information when one could be interested in consulting an attorney.

5. The real estate appraiser in Portland, Oregon is called the Portland Residential Appraisers.

http://www.pdxres.com/

2505 SW Spring Garden St, Suite 100
Portland, OR 97219

What I noticed that besides standard home appraisal services, they conduct property tax appeals, appraisals for estate planning, expert testimony, and appraisal reviews.  It also looks like they care a lot about their clients.

6.  Multnomah County- 1021 SW 4th Ave, Portland, OR 97204

Aerial view of Multnomah County Courthouse

7.  Portland Community College at Portland, Oregon

http://www.pcc.edu/programs/paralegal/

The Paralegal Program at the Cascade Campus of Portland Community College (PCC) offers an Associate of Applied Science degree. It also has been granted approval of its program by the American Bar Association (ABA) effective February 8, 2010.

As a resident, one will have to be $96 per credit. If one is a non-resident one will have to pay $224 per credit.  There are also some mandatory fees such as the technology fee ($4.50 per credit), student activity fee (2.20 per credit), distance learning fee ($20 per course), lab fees ($45 per course), college service fee ($15 per term), and transportation fee ($8 per term).

Estates, Trusts, and Wills Course description: Probate Practice (PL 11)

This course is designed to provide an overview of estate administration in Oregon courts by use of Oregon statutes, rules, and forms.  We will analyze the concepts involved in intestate succession and compare those to the concepts involved in testate (with a will) succession.
Students will be provided with information about the various types of ownership of property and will discuss how these types of ownership apply to probate. Students will be introduced to terminology specific to probate. Attention will be directed to practical probate practice, such as basic office procedures, checklists, and probate-related tasks most typically performed by legal assistants. This is an elective course for either a certificate or a degree in the Legal Assistant program at Portland Community College.  Course work may include, but is not limited to, the use of texts, state statutes and rules, journal articles, lecture, group discussion and activities, guest speakers, and student presentations.

 

Ohio – Kimberly Garduno

PART 1

520px-Flag_of_Ohio.svg

STATE FLAG OF OHIO


PART 2

I. INTESTACY LAWS OF OHIO (Statute of descent and distribution), Ohio Rev. Code Ann. § 2105.06 (West 1986)

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

According to Ohio Rev. Code Ann. § 2105.06 (West 1986), in the state of Ohio, if a person dies intestate and is survived by a spouse and issue, their estate can be distributed in several ways. These differ from New York’s Estates, Powers and Trusts Law in the initial amount given to the spouse, and the language used within the statute to refer to grandchildren or great-grandchildren of the decedent or the decedent’s children (“lineal descendant”), and the condition in one of the clauses that specify how many children the surviving spouse must have with the decedent to inherit a specific amount of the estate under Ohio’s intestacy laws.

1. The entire estate goes to the surviving spouse if there are one or more children of the decedent OR “lineal descendants” of the decedent’s children (i.e. children, grandchildren, great-grandchildren) surviving. The children must also be the children of the surviving spouse.

2. The first twenty thousand dollars ($20,000), plus half of the remaining amount of the intestate estate goes to the surviving spouse if the surviving spouse is not a biological or adoptive parent of the child, and what is left over is divided among the children or the children’s lineal descendants per stirpes.

3. The first sixty thousand dollars ($60,000) goes to the surviving spouse if there is more than one child or lineal descendant of the child but the surviving spouse is the biological or adoptive parent of only one child.

4. The first twenty thousand dollars ($20,000), along with one-third of the intestate estate goes to the surviving spouse if they are NOT a biological or adoptive parent of any of the decedent’s children, with the remainder of the intestate estate divided equally among the children or lineal descendants of the children per stirpes.

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

According to Ohio Rev. Code Ann. § 2105.06 (West 1986), in the state of Ohio, if a person dies intestate and is survived by a spouse and no issue, the surviving spouse inherits the entire intestate estate. This is no different from New York’s Estates, Powers and Trusts Law, which also gives entire intestate estate to the surviving spouse if there is no issue.

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

According to Ohio Rev. Code Ann. § 2105.06 (West 1986), in the state of Ohio, if a person dies intestate and is survived by no spouse and no issue, the entire estate goes to the surviving parent or parents of the decedent. This is no different from New York’s Estates, Powers and Trusts Law, which also gives entire intestate estate to the surviving parents of the decedent if there is no spouse and no issue.

II. TESTAMENTARY CAPACITY IN THE STATE OF OHIO (Who may make a will), Ohio Rev. Code Ann. § 2107.02 (West 1965)

According to Ohio Rev. Code Ann. § 2107.02 (West 1965), any person who is at least 18 years of age and is of sound mind and memory can make a will. New York’s Estates, Powers and Trusts Law sets the exact same standards for testamentary capacity.

III. NUMBER OF WITNESSES NECESSARY TO DULY EXECUTE A WILL (Method of making will), Ohio Rev. Code Ann. § 2107.03 (West 1953)

According to Ohio Rev. Code Ann. § 2107.03 (West 1953), two witnesses are needed to duly execute a will in Ohio. This is no different from New York’s Estates, Powers and Trusts Law which has the exact same number of witnesses for the due execution of New York wills, although three witnesses are ideal.


PART 3

IV. COLUMBUS PROBATE AND ESTATE PLANNING LAW FIRM

The city with the largest population in Ohio is Columbus with a population of 787,033 out a state population of 11.59 million (Source). Operating out of Westerville, a suburb of Columbus, is the Metz, Bailey & McLoughlin Law Firm, who specializes in probate, the planning and administration of estates, and creating wills and trusts. Other areas of law Metz, Bailey & McLoughlin work with include elder law, business law and labor and employment law. My first impression of their website was very positive. Aesthetically, I liked the blue theme they have on their site. I think they do a really good job of simplifying the definitions and functions of wills, trusts and estate planning for clients who know nothing about the law.

V. COLUMBUS REAL ESTATE APPRAISER

The Robert Weiler Company offers real estate appraisal, brokerage, consulting, developmental and property management services and operates out of Columbus, Ohio. I was thoroughly impressed with their site. Their “about us” section includes a literal timeline of the company and the site contains in depth descriptions of all the services they offer.

VI. PROBATE COURT IN COLUMBUS, OHIO

Franklin County Probate Court

373 S. High Street
22nd Floor
Columbus, Ohio 43215-6311

FCPC

VII. EARNING A PARALEGAL STUDIES DEGREE IN COLUMBUS, OHIO

Columbus State Community College offers an Associate Degree and a Post-Baccalaureate degree in Paralegal Studies. The program is ABA approved.

A. Tuition (compare and contrast):

CSCC charges $135.93 per semester credit hour along with $40 in lab fees for a total of $175.93 (source), which makes the program cheaper than City Tech’s tuition of $275 per credit (source).

B. CSCC Estates, Trusts and Wills course description:

LEGL 2018 Probate Law (SP, SU)                                                                3 credits

This course is a study of the law of wills, trusts, living wills, health care power of attorney forms, estates and estate administration including estate taxation. The student will draft basic wills trust and plan a living will. Testate and intestate estates, law of descent and distribution, estate planning and other probate processes will be discussed.

Lecture: 3 hours         Lab fee: $40.00