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

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

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.

PART 1

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

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

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

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 ½ 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 §2-102 (3) (LexisNexis 2015)
B) The first $100,000 plus ½ of the remainder of the estate goes to the surviving spouse if one or more of the decedent’s surviving issue are not the offspring of the surviving spouse. Mass. Ann. Laws ch. 190 §2-102 (4) (LexisNexis 2015)
C) The surviving spouse gets the entire intestate estate if all of the decedent’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 § 2-102 (1) (ii) (LexisNexis 2015)
2) If a decedent is survived by a spouse and no issue:
A) The intestate share of a decedent’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 § 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 ¾ of the remaining estate go to the surviving spouse. The remaining ¼ of the decedent’s estate goes to decedent’s parents (divided equally) or if only one surviving parent, the remaining ¼ of the estate goes to the one surviving parent. Mass. Ann. Laws ch. 190B §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 § 2-103 (2) (LexisNexis 2015)

In New York State:

1) If one dies intestate and leaves behind a surviving spouse and issue, the surviving spouse’s intestate share is $50,000 plus ½ 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 § 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 § 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 decedent’s surviving parent). N.Y. Est. Powers & Trusts Law § 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.  Mass. Gen. Laws Ann. ch. 190B § 2-501(West 2012).  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 § 3-1.1 (McKinney 2015)

3) In New York State in order to duly execute a will there must be two witnesses  N.Y. Est. Powers & Trusts Law § 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 § 2-502 (a) (3) (West 2012).

Part I: 

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

Part II:

1. a. According to Ind. Code § 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. Code § 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 at 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. Code § 29-1-2-1 (West 2009), in the event that 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. Code § 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 to Ind. Code § 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. A 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 Probate & 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:  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, 200 E Washington St #1741, Indianapolis, IN 46204.

7. Marian University Indianapolis has both a Paralegal Studies Associate degree option as well as a Paralegal Studies certification program. Here is the website to the school’s Paralegal Studies page: 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.