Monthly Archives: November 2015

Massachusetts – Deborah Rios

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

 

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Part I (Above, Due November 11)

Part II (Below, Due November 25)

Massachusetts – Statutes that govern intestate succession in the following three situations:

1) If a decedent is survived by a spouse and issue:
A) The first $100,000 plus Ā½ of the remainder of the estate goes to the surviving spouse if all of the surviving issue of the decedent are also offspring of the surviving spouse and the surviving spouse has offspring who are not children of the decedent. Mass. Ann. Laws ch. 190B Ā§2-102 (3) (LexisNexis 2015)
B) The first $100,000 plus Ā½ of the remainder of the estate goes to the surviving spouse if one or more of the decedentā€™s surviving issue are not the offspring of the surviving spouse. Mass. Ann. Laws ch. 190 Ā§2-102 (4) (LexisNexis 2015)
C) The surviving spouse gets the entire intestate estate if all of the decedentā€™s surviving issue are also the issue of the surviving spouse and surviving spouse has no other issue (from a previous union) that has survived the decedent. Mass Ann. Laws ch. 190B Ā§ 2-102 (1) (ii) (LexisNexis 2015)
2) If a decedent is survived by a spouse and no issue:
A) The intestate share of a decedentā€™s surviving spouse goes to the surviving spouse in its entirety as long as there are no issue or parents of the decedent that have survived the decedent. Mass. Ann. Laws ch. 190B Ā§ 2-102 (1) (i) (LexisNexis 2015)
B) If the parents of the decedent survive the decedent and there is no issue. The first $200,000 plus Ā¾ of the remaining estate go to the surviving spouse. The remaining Ā¼ of the decedentā€™s estate goes to decedentā€™s parents (divided equally) or if only one surviving parent, the remaining Ā¼ of the estate goes to the one surviving parent. Mass. Ann. Laws ch. 190B Ā§2-102 (2) (LexisNexis 2015)
3) If a decedent is survived by no spouse and no issue:
A) If there is no surviving issue or spouse the entire intestate estate goes to the decedent’s parents in equal parts (if both parents survive) or to the one surviving parent of the decedent. Mass. Ann. Laws ch. 190B Ā§ 2-103 (2) (LexisNexis 2015)

In New York State:

1) If one dies intestate and leaves behind a surviving spouse and issue, the surviving spouseā€™s intestate share is $50,000 plus Ā½ of the remainder of the estate. The children (issue) share equal parts of the remainder of the estate per representation. N.Y. Est. Powers & Trusts Law Ā§ 4-1.1 (a) (1) (Consol. 2015)
2) If survived by a spouse and no issue, the entire intestate estate goes to the spouse. N.Y. Est. Powers & Trusts Law Ā§ 4-1.1 (a) (2) (Consol. 2015)
3) If no spouse or issue, the estate goes to the surviving parents of the decedent (fifty percent to each or if only one surviving parent, all to the decedentā€™s surviving parent). N.Y. Est. Powers & Trusts Law Ā§ 4-1.1 (a) (5) (Consol. 2015)

2) In Massachusetts, an individual 18 or more years of age who is of sound mind may make a will.Ā  Mass. Gen. Laws Ann. ch. 190B Ā§ 2-501(West 2012).Ā  In New York State an individual 18 or more or older who is of sound mind and memory can make a will. N.Y. Est. Powers & Trusts Law Ā§ 3-1.1 (McKinney 2015)

3) In New York State in order to duly execute a will there must be two witnessesĀ  N.Y. Est. Powers & Trusts Law Ā§ 3-2.1 (a) (4) (McKinney 2015). In Massachusetts in order to duly execute a will there must be two witnesses as well. Mass. Gen. Laws Ann. ch.190B Ā§ 2-502 (a) (3) (West 2012).

Indiana — Jessica Samide

Part I:Ā 

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

Part II:

  1. a. According to Ind. CodeĀ Ā§ 29-1-2-1 (West 2009), when the decedent is survived by a spouse and issue the spouse will receive one half of the net estate and the issue will receive the other half of the estate. This differs from New York’s intestacy law because the surviving spouse in New York receives fifty thousand dollars and then a half of the remaining estate. The issue receive the rest by representation.

b. According to Ind. CodeĀ Ā§ 29-1-2-1 (West 2009), if the decedent is survived by a spouse and no issue, the spouse receives three quarters of the estate in the event that atĀ least one of the decedent’s parents is living. If the decedent’s parents are deceased, the surviving spouse receives the entire estate. In New York, when no issue exist ,the surviving spouse receives the whole estate.

c. According to Ind. CodeĀ Ā§ 29-1-2-1 (West 2009), in the event thatĀ the decedent is survived by no spouse and no issue, the net estate passes to the decedent’s parents, brothers and sisters, as well as the issue of any deceased brothers and sisters. Each living parent and sibling shall receive an equal share, however, the share of the parents shall not be less than one fourth of the decedent’s estate. The issue of any deceased brothers and sisters will receive their share by representation. In New York, when no spouse and no issue surviving the decedent exist, the whole estate is divided equally between the decedent’s parents.

2. According to Ind. CodeĀ Ā§Ā 29-1-5-1 (West 2015), a person must be at least 18 years old in order to make a will. There is an exception to the rule. A person who is younger than 18 may make a will if he or she is a member of the armed forces or a merchant marine for the United States or its allies. The age to make a valid will in New York is also 18.

3. According toĀ Ind. CodeĀ Ā§Ā 29-1-5-3 (West 2003), there must be at least two witnesses present in order to duly execute a will in Indiana. At least two witnesses are required in New York as well.

Part III:

4. The most populous city in Indiana is Indianapolis. AĀ website for a Probate and Trust law firm is: http://www.cgglawfirm.com/Practice-Areas/Probate-and-Trust-Litigation.shtml. I chose this website because I saw that two of the attorneys from the law firm were top rated ProbateĀ & Trust litigation attorneys in Indianapolis on another site. I like that the website is simple to navigate and nicely organized.

5. A website for a real estate appraiser in Indianapolis is: Ā http://www.indianapolisappraisals.com/. I don’t think the website is visually appealing, but it does list all of the types of property the company can appraise as well as their coverage area. The website has different tabs one can click on that reveals a lot of in-depth information on many different appraisal needs. Overall, the website is extremely informative.

6. Marion County Clerk’s Office – Probate Division,Ā 200 E Washington St #1741, Indianapolis, IN 46204.

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7. Marian University Indianapolis has both a Paralegal Studies Associate degreeĀ option as well as a Paralegal Studies certification program. Here is the websiteĀ to the school’s Paralegal Studies page:Ā http://www.marian.edu/academics/marian’s-adult-programs/academics/paralegal-studies. The website did not state that the Paralegal Studies program is ABA approved. The website states the tuition is $375/credit hour. It is cheaper at City Tech, which is only $275/credit hour for resident students taking a class within their major. The school did not list a description of their Estates, Trusts, and Wills course.