Q. 4

The city with the largest population in New Hampshire is Manchester.This City has a population of 109,565, comparing to the others cities his population is three times-largest than the other ones.  http://www.geonames.org/US/NH/largest-cities-in-new-hampshire.html.  A law firm in Manchester that handles probate estate is CRAIG, DEACHMAN & AMANN PLLC Attorney at Law.There website is www.cda-law.com,the website looked interesting. the firm also handles , foreclosure, business law and real estate legal services in Massachusetts, New Hampshire and Rhode Island.

Q5.

A Real Estate in Manchester is Nixon Pearbody LLP, the website for the firm is www.nixonpeabody.com. I chose this website because this is one of the largest multi-practice law firms in the United States, with offices in 14 cities on the east and west coasts and more than 600 attorneys working in 15 major practice areas. This firm realize a lot pro bone work in the city of Manchester.

Q6.

Manchester Courthouse

NH CIRCUIT COURT
9th Circuit – District Division – Manchester
35 Amherst Street
Manchester, NH 03101

Justice : Hon. William H. Lyons
Justice : Hon. John C. Emery
Justice : Hon. Gregory E. Michael
Circuit Clerk : Mary Barton
Associate Clerk: Patricia Spencer

Jurisdiction : City of Manchester.

http://www.courts.state.nh.us/courtlocations/index.htm#probate

Q7

Mount Washington college has an Associate of Science in Paralegal studies, Some program courses in legal areas are Legal research, Civil and criminal law, Property law and Wills, estates, and trusts. there paralegal program provides a fundamental awareness of the law and practical hands-on skills that can prepare you to meet the demands of the paralegal profession.

Manchester Campus
3 Sundial Avenue
Manchester, New Hampshire 03103

www.mountwashington.edu

the school is not approved by the ABA

there tuition is

8-week Term Tuition (per 3-credit course) $1,125.00

8-week Term Tuition per Credit $375.00

this school cost more than City Tech

4. The city with the largest population in New Jersey is Newark. Newark has 8,791,894 residence. A law firm in Newark that handles probate estates is  McCurrie McCurrie & McCurrie, LLP Attorneys at Law. Their website is www.mccurrielaw.com. The website looked interesting they handled a lot of cases and they have been in business for more than 45 years.

5.A real estate law firm in Newark is Duane Morris LLP, the website for that firm is http://www.duanemorris.com/offices/newark.html. This website also looks impressive  the law firm look like they handle a lot of cases. Besides real estate they also handle other type of cases.

6.  Newark is also known as Essex County. The probate court in Newark is called Essex County Surrogate’s Court. It is located at 465 Dr. Martin Luther King, Jr., Blvd. Newark, NJ  07102. Their office hours are Monday to Friday from 8:30 to 4:30.

7.A college I found which a student can earn a degree in paralegal studies is Essex County College. The website is http://www.essex.edu/onlinecatalog/paralegal-studies-a-s-degree-program/. The program offers an associates degree the major course course requirements are

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

1. According to Title 12 – § 501  & § 502 – Decedents’ Estates and Fiduciary Relations -Delaware’s state statue(s) that govern intestate succession:

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

The surviving spouse gets the first $50,000 of the intestate personal estate, plus one half of the balance of the intestate personal estate, plus a life estate in the intestate real estate.

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

If there is no surviving issue or parents of the decedent, the surviving spouse gets the entire intestate estate.

If there is no surviving issue but the decedent is survived by a parent or parents, the surviving spouse gets the first $50,000 of the intestate personal estate, plus one half of the balance of the intestate personal estate, plus a life estate in the intestate real estate.

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

If there are no surviving spouse or issue then the shares of the heir go to the decedent’s parent or parents equally.

2. In Delaware, the laws regarding the valid execution and witnessing of a Will are set forth in the Delaware Code, Title 12 Decedent’s Estates and Fiduciary Relations, Part 2 Wills, Chapter 2 General Provisions, Subchapter 1 Tenets and Principles, Sections 201 through 203; and Part 4 Administration of Decedent’s Estates, Chapter 13 General Provisions, Section 1305. In Delaware, any person eighteen (18) or more years of age who is of sound mind may make a Will

In New York, the validity of a Will is governed by statute, EPTL § 3-2.1. To create a valid Will, a person must be 18 years of age and be of sound mind

3. In Delaware, the statute regarding the number of witnesses necessary to duly execute a will are set forth in Delaware Code, Title 12 Decedents’ Estates and Fiduciary Relations, Administration of Decedents’ Estates, Chapter 13. General Provisions, Section 1310. Only one witness is necessary.

§ 1310 Formal testacy proceedings; contested cases; testimony of attesting witnesses.

(1) If the will is self-proved, compliance with signature requirements for execution is conclusively presumed and other requirements of execution are presumed subject to rebuttal without the testimony of any witness upon filing the will and the acknowledgment and affidavits annexed or attached thereto, and, unless there is proof of fraud or forgery affecting the acknowledgment or affidavit, the will shall be admitted to probate subject to all other provisions of this title.

In New York, the statute regarding the number of witnesses necessary to duly execute a will are set forth in EPTL § 3-2.1. NY Code – Section 3-2.1: Execution and attestation of wills; formal requirements.

(4) There shall be at least two attesting witnesses, who shall, within one thirty day period, both attest the testator’s signature, as affixed or acknowledged in their presence, and at the request of the testator, sign their names and affix their residence addresses at the end of the will. There shall be a rebuttable presumption that the thirty day requirement of the preceding sentence has been fulfilled. The failure of a witness to affix his address shall not affect the validity of the will. – See more at: http://codes.lp.findlaw.com/nycode/EPT/3/2/3-2.1#sthash.C2baPUAt.dpuf

4. The largest city in Delaware is Wilmington. Located in Wilmington, DE is the law firm, Law Office of Denise D. Nordheimer, Esquire, LLC. Her firm consists of three attorneys and they specialize in estate planning, estate administration, trust, adult guardianship, or family law matters. The website for the firm is, www.nordheimerlaw.com. The firm’s website is extremely impressive, all the contact information is easy to find and the website is simple to navigate.

5. The top searched real estate appraiser in Wilmington, DE is for Steven Sachs Real Estate Appraisal LLC. He can easily be contacted via his website, www.stevensachsappraisal.com. Mr. Sach’s website is extremely impressive as well. I’ve never seen an appraiser’s website containing so much information about the company. The tabs are visibly placed so one can easily navigate. He explains what an appraiser does, why it is necessary and also that he has a team of six appraisers. Added bonus, you can order an appraisal from his through his website.

6. The Court of Chancery of the State of Delaware in New Castle County Courthouse is located at 500 North King Street Wilmington, DE 19801. The Court of Chancery issues rule amendments and adopts operating procedures. The Court of Chancery has amended several rules to incorporate the Court’s remaining standings orders, update certain rules to reflect best practices, and clarify the Court’s procedures for cases involving trusts, estates, and adult guardianships.

https://dwkcommentaries.files.wordpress.com/2011/08/delawarecourt.jpg

7. There are a total of four universities in Delaware that offer ABA Approved Paralegal Educational Programs. One university, Widener University Delaware Law School, is located in Delaware’s largest city, Wilmington. They offer a bachelor’s and post-bachelor’s certificate programs offered through the school’s College of Social and Behavioral Science. Also the other locations are Georgetown, Dover and New Castle offer these programs as well. The Delaware Technical and Community College offers an ABA Approved Paralegal Education Programs to those who wish to earn an Associates degree in Paralegal Studies. Widener University is a private school and ranking in the 2016 edition of Best Colleges is National Universities, at #187. Its tuition and fees are $41,224 (2015-16).

Please find Widener University’s websites below:

http://www.widener.edu/academics/schools/law.html

I was able to find the school’s course description file for paralegal courses- http://delawarelaw.widener.edu/files/resources/leicoursedescriptions090815.pdf

7.    There are many Paralegal Studies programs offered in Rhode Island. There are only three colleges and universities that offer a paralegal/legal assistant degree program in Rhode Island.  However, Roger Williams University (RWU) offers the only Paralegal Studies programs in the state that are approved by the American Bar Association (ABA). It received the ABA approval in 1998.

Address:  Roger Williams University • 150 Washington St., Providence, RI 02903

Website:  http://rwu.edu/academics/schools-colleges/scs/degree-offerings/paralegal-studies

At RWU, one can earn a Bachelor of Science or Associate of Science degree in Paralegal Studies.  In addition, RWU offers two certificates in Paralegal Studies: Certificate in Paralegal Studies and Certificate in Nurse Paralegal.  A BA is the prerequisite for enrolling in the certificate program.

Tuition: It was obscenely difficult to find the tuition for the Paralegal Studies programs at Roger Williams University on the RWU website.  An online search at (http://colleges.startclass.com/l/3862/Roger-Williams-University) stated: “At Roger Williams, [annual (2014-15)] tuition costs $31,750, which is noticeably more expensive than other top tier private (not-for-profit) institutions in the country”. This is also higher than City Tech.  Per the RWU website, the certificate programs are designed to take one year to complete and the tuition is $9,982.

They do not offer an Estates, Trusts and Wills course.

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 Capraro Appraisal Company, Inc.  Link: http://www.capraroappraisal.com/ 

The Capraro Appraisal Company appears to be a full service company offering 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 Capraro Appraisal Company, Inc. has such an unkempt, user unfriendly, and dull website. I selected this firm in spite of their website, and because they were one of the few real estate appraisers on the Directors of Appraisers of Providence, Rhode Island’s list that listed more than just mortgages and foreclosures as their services offered.

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.