ARIZONA’S INTESTATE SUCCESSION AND WILLS

The main reason people should have a Will is to insure their assets will go to the people they desire. If a person died intestate (without a will), the state will divide their assets and distribute them to the closest relatives. The State of Arizona has two types of properties: community property and separate property. Separate property acquired by single spouse before the marriage and community property acquired by both partners in a marriage.

If there is a surviving spouse:

Ariz. Rev. Stat. Ann. § 14-2102 Statute sets forth that both separate property and the one-half of community property that belongs to the decedent, passes to the surviving spouse.

If there is no surviving issue or if there are surviving issue all of whom are issue of the surviving spouse also, the entire intestate estate.

If there are surviving issue all of whom are not issue of the surviving spouse, ½ of the separate property and no interest in the ½ of the community property that belonged to the decedent.

If there is no surviving spouse:

Ariz. Rev. Stat. Ann. § 14-2103 Statute sets forth that any asset or property not passing to the decedents spouse under previous statute 14-2102, passes to the other family relative who survive the decedent.

Issue of the decedent gets everything by representation.

If there is no surviving issue, to the decedent’s parents.

In The State of New York the laws are quite differ: N.Y. Est. Powers and Trust Law § 4-1.1 If the decedent is survived by spouse and issue: the spouse receives the first Fifty Thousand Dollars ($50,000.00) and one-half of the remainder of the decedent’s estate. The issue collects the rest by representation. If a decedent doesn’t not have a spouse or issue, decedent surviving parents receive his assets.

Ariz. Rev. Stat. Ann. § 14-2503

Holographic Wills– whether witnessed or not must be in testators handwriting.

Nuncupative Wills-are not permitted in Arizona at all.

In New York pursuant to N.Y. Est. Powers and Trust Law section 3-2.2 holographic and nuncupative wills permits three groups of people to validly make these types of wills. Members of the armed forces, on active military duty during a war or other armed conflict, civilians who accompanying the armed forces during a war and mariners.

(Explanation of what these wills mean: Holographic Wills-entirely handwritten by the testator but is not properly signed and witnessed. Nuncupative Wills-is an oral will, with at least 2 witnesses who hear the testator speak his will.)

Ariz. Rev. Stat. Ann. § 14-2505 any competent person may be a witness to a will. The signing ceremony by an interested person doesn’t automatically invalidate the will. The will requires two witnesses.

In New York State N.Y. Est. Powers and Trust Law section 3-2.1, at least two witnesses are required. Although lawyers prefer three.

The second most populated city in Arizona is Tucson with a population approximately of 524,295 according to U.S. Census Quick Facts website (http://quickfacts.census.gov/qfd/states/04/0477000.html)

VALENTINE & VALENTINE, PC This is how the firm represents themselves: “You have worked hard all your life to accumulate personal assets and we want to ensure that you pass on your legacy to your family at the right time and in the manner you desire, rather than have your hard-earned assets be consumed by estate taxes, creditors, predators and probate expenses. Our goal is to ensure that you have a solid plan to protect your family, wealth and legacy”.  They specialize in specialties are in wills & trusts, estate planning, asset protection, probates, conservatorship, guardianship, real estate, business law, prenuptials and ant nuptials. (http://valentineandvalentine.com/)

WOOD LAW FIRM, PLLC This is how the firm represent themselves: “We are committed to providing affordable legal services including estate planning, wills, probate, guardianship, conservatorship and elder law matters to those in Tucson and the surrounding community”. (http://www.woodlegal.com/)

TUCSON REAL ESTATE APPRAISER, Founded in 1986, Tucson Real Estate Appraisal is a leading provider of real estate valuations and consulting services. We take pride in offering world-class appraisal customer service, quick turnaround times, and only the highest quality appraisals. Our valuations are supported by primary market research, objective analysis, and seasoned judgment to better guide our clients in their property evaluation needs. Our reports are prepared with the precision that the industry demands. Best of all, our appraisal services are competitively priced.  Call Jeffrey C. Patch, MAI, SRA at (520) 326-6066

(http://tucsonrealestateappraisal.com/home/)

http://www.sc.pima.gov/ Arizona Superior Court in Pima County probates wills in Tucson, Arizona. The address of the Arizona Superior Court in Pima County is at 110 W. Congress St., Tucson, AZ 85701. Phone number: (520) 724-4200. 

A student can earn a degree as a paralegal from attending PIMA COMMUNITY COLLEGE. http://www.pima.edu/ which is not an ABA program. The program requires completion of 66 credits in order to receive an Associates degree. College offers Financial Aide and Scholarships, and other payment plans. Here, you can find how much it cost: http://www.pima.edu/paying-for-school/costs/2015-tuition-in-state.html

Here you can find all the courses you must take to receive your Associate of Paralegal Studies: http://www.pima.edu/programs-courses/credit-programs-degrees/business-careers/paralegal/paralegal-aas.html

The Forth Hamilton Triangle, located on Fifth Avenue and 94th Street is dedicated to the local soldiers killed in World War I.

This street located on 67th Street and 12 Avenue, Broklyn NY was named Arturo Angelo Sereno 9/11 Memorial Way to commemorate those lost in that tragic day.

By: Katrina Newell

This is a beautiful statue of the late Abraham Lincoln located in Springfield Kentucky at the museum called “Lincoln Legacy Museum in the 1816 Courthouse.”   This museum is a truly historic site, that provides details about the life of Abraham Lincoln and provides details about his ancestors, his Kentucky roots, his life in Indiana and Illinois and how details about his presidency.  Abraham Lincoln was born in Hardin County, Kentucky  although his parents lived in Springfield Kentucky for thirty years; where they dated and later married.  His father worked in the woodworking industry. His parents were Thomas Lincoln and Nancy Hanks who molded Lincoln to become the 16th President of the United States of America.

President Lincoln only had about 18 months of formal schooling and practiced law without a degree.  He never belonged to an organized church, but read his bible every day.  This statue honors the legacy of the president and of his ancestors.  If you have the chance to visit the museum, you will find his parents’ original marriage bond and certificate of return stored in the archives.   The museum is located at 111 North Cross Main Street, Springfield, Kentucky 40069. I felt this article was interesting and was not aware that this statue of him and the museum existed until i did some research.  That’s why sometimes forced assignments are great!

http://lincolnlegacymuseum.org/SpringfieldKY.

https://news.uns.purdue.edu/x/2009a/090415BlackwelderEarhart.html

This statute of Amelia Earhart was erected at Purdue university in West Lafayette, Indiana.

Amelia Earhart is well known for being the first woman to fly across the Atlantic ocean by herself, and of course her mysterious disappearance which sparked many theories.

I think this is a cool statute that the student will enjoy on their walk to class.

Connecticut’s Intestate Succession

1. Connecticut’s Intestate Succession in Sec. 45a- 437 and 45a- 438 of the Connecticut

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

• Spouse inherits the first $100,000 of your intestate property, plus ½ of the balance
• Your descendants inherit everything else

In New York Law if decedent is survived by a spouse and issue the fifty thousand dollars and one half of the residue to the spouse, and the balance thereof to the issue by representation.

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

• The parents inherits everything

In New York Law if decedent is survived by no spouse and issue, the whole to the issue, by representation.

2005 Connecticut Code Statute of Holographic Wills Sec. 45a -251 (Formerly Sec 45-161) Making and Execution  A will or codicil shall not be valid to pass any property unless it is in writing, subscribed by the testator and attested by two witnesses, each of them subscribing in the testator’s presence; but any will executed according to the laws of the state or country where it was executed may be admitted to probate in this state and shall be effectual to pass any property of the testator situated in the state.

In New York Law indicates N.Y. EPTL. LAW § 3-2.2 : NY Code – Section 3-2.2: Nuncupative and Holographic Wills In contrast to Connecticut laws of holographic wills, the State of New York does not honor and or validate holographic wills. Under EPTL sec 3-2.2, only permits three groups of people to validly make these wills which are: members of armed forces, military, active military duty during a war, civilians accompanying the armed forces during a war, and mariners.  In Connecticut compared to New York only two witnesses are only needed present during the time of the execution of a will.

The second largest population in Connecticut is Hartford. A law firm that specializes in probate/estate planning (a.k.a “Trust and Estates”) in the city Hartford Connecticut is  Simon J. Lebo Brown, Paindiris & Scott .LLP. The website is www.bpslawyers.com.

The website to a real estate appraiser in the city Hartford, Connecticut is www.kdrrealestatellc.com.

The name and address of the court that handles probates in the city of Hartford Connecticut is Office of the Probate Court Administrator located 186 Newington Road West Hartford, CT 06110.

If a student wishes to earn an Associate or Baccalaureate degree in Paralegal Studies (or Legal Assistant Studies) in the city Hartford Connecticut they can attend University of Hartford where they offer Associate of Science or Bachelor Arts and or a Bachelor of Arts in University Studies with a Paralegal Studies Concentration, and Paralegal Certificate Program. These programs are approved by the Bar Association. The tuition is way more expensive compared to New York City College of Technology. The tuition is $16,379. The schools website is www.hartford.edu.

New Hampshire Laws of Intestacy 

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

A) N.H. Rev. Stat. Ann. § Section 561:1(2004)

If a decedent  is survived by a spouse AND issue the surviving spouse shall receive the first $250,000, plus 1/2 of the balance of the estate, and the issue shall received everything else (remainder). If there are surviving issue of the decedent whom of which are also issue of the surviving spouse as well as issue of the surviving spouse who are not issue of the decedent the spouse gets the first $150,000, plus 1/2 of the balance of the intestate estate; as the rest to the issue. If there are surviving issue of the decedent whom many not be issue of the surviving spouse, the surviving spouse receives the first $100,000, plus 1/2 of the intestate estate, and everything else to the issue.

As compared to  N.Y. Est. Powers and Trusts Law section 4-1.1 (McKinney 2013) surviving spouses receive less than New Hampshire surviving spouses. Surviving spouses receive the first $50,000.00 and 1/2 the decedent’s estate. Issue take the remainder.

B) If a decedent is survived by no spouse or issue.

N.H. Rev. Stat. Ann. § Section 561:1(2004)

If there is no surviving spouse or no surviving issue the estate of the decedent passes to the decedent’s parents equally.

As compare to New York Estates, Powers and Trust Laws if there is no surviving spouse or issue, as stated above the estate passes to the decedent’s parents.

2) Holographic and/or nuncupative wills:

N.H. Rev. Stat. Ann. § Section 551:15&16

Nuncupative wills are allowed in the state of New Hampshire to a soldier in actual military service, or a mariner or seaman at sea. Personal property and items may be placed in the nuncupative will.  Any personal estate bequeathed exceeding $100 in value will not be valid, unless the testator along with 3 witnesses are present ( must be requested testator) , in the testators last days or 6 months from when the testator had made the will.

As compared to New York Estates, Powers, and Trust Law Section 3-2.2 (McKinney 2013) its the same as New Hampshire, except that N.H doesn’t cater too the civilians accompanying the armed forces over seas. The amount of time allotted to changed the will when they return differs too, there is no time restraint given to either armed forces or seaman as compared to NY Law which they only have a year (armed forces and seaman) after being discharged to change their will.

3) Witnesses

N.H. Rev. Stat. Ann. § Section 551:2

For the will to be valid it must be signed by 2 or more credible witnesses

It is the same for York New, they also require two witnesses to sign a will for validity.

4) The second largest city in New Hampshire is Nashua with an estimated population of 86,586.

Welts White & Fontaine P.C is an Estates and Wills, probate and estate planning law firm

http://lawyersnh.com/practice-areas/wills-estate-planning/

5) An appraisal service in Nashua, NH

Yanco Appraisal Service, LLC

(603) 930-1044

71 Split Brook Rd, Suite #409, Nashua, NH 03060

peter@yancoappraisal.com

View Additional Email Addresses

yancoappraisal.com/

http://yancoappraisal.com/

6) The court that handles Probates in Nashua is the

NH CIRCUIT COURT

9th Circuit – Probate Division – Nashua

http://www.courts.state.nh.us/courtlocations/hillsprobdir.htm

7) Any student wishing to obtain their Associates in Law and Paralegal would attend Nashua Community College and graduate with a AAS degree in Legal Assistant/Paralegal Studies. The tuition in state cost is $5,856.00 per semester. Which is similar to what we pay at Tech per semester. Nashua  Community College is surprisingly one of the best colleges in the state, apart from the fact that it caters specifically to Legal Assistant/ Paralegal majors and not PolySci majors.

http://www.nashuacc.edu/

1)Cal.Prob.Code§1600(West2000) governs intestate succession in the state of California and it states that any part of the decedent’s estate that is not disposed of by his will , must pass to his heirs as provided. (A) According to Cal.Prob.Code§6402(a)(West2000), in the matter of a decedent being survived by a spouse and a issue, the spouse inherits the entire community property and one-half of the separate property, the child/ren inherits one-half(1/2)  of the separate property. Compared to New York’s intestate succession, N.Y.Est. Powers and Trusts §4-1.1(Mckinney2013) provides that if a decedent is survived by spouse and issue, the spouse gets the first $50,000 and half of the remainder.  The issue inherits the rest by representation, meaning everyone in the same generation gets an equal share. B) If a decedent is survived by no spouse and no issue, then the estate goes to the decedent’s parents equally according to Cal.Prob.Code.§6402(West2000) New York’s Probate Laws provides the same in this case according to N.Y.Est Powers Trusts Law§4-1.1(4)(Mckinney2013)

2) Cal.Prob.Code§6111(West2000)concerns holographic wills and they are valid whether or not witnessed. The signature must be in the handwriting of the testator. Compared to New York’s laws, this type of will is only valid if made by civilians who are accompanying the armed forces during a war, members of the armed forces, on active duty during a war according to N.Y.Est Powers Trusts Law§3-2.1(Mckinney2013) (B) Cal.Prob.Code§6110(West2000)addresses nuncupative wills and they are not valid in the state of California. According to the statute, all wills must be in writing. When compared to New York’s laws, this type of will is valid under the same special circumstances as holographic wills. 

3) Cal.Prob.Code§6110(c)(2)(West2000) requires two competent adults attesting as witnesses in order for a will to be duly executed. The same is required in New York according to N.Y.Est Powers Trusts Law.§3-2.1(Mckinney2013)

4)San Diego has the second largest population in California, with 1,307,402 residents according to the US Census Website. (B) Attached you will find a link to a local law firm known as Armstrong, Fisch and Tutoti located in San Diego who specializes in Estate Planning.  Not only do they specialize in estate planning, they also help families with Medicaid planning resources.  According to their website, they even help families preserve their legacy, including life stories and heirlooms.

5) Attached you will find  a link to a local Real Estate Appraisal business in San Diego known as Brian Ward Appraisal.  According to their website, they are a team of “licensed real estate appraisers with as many as 30 years experience.”

6) San Diego’s Probate Court is called Superior Court of California and it is located at 1409 4th Ave. San Diego, CA 92101.  

7) If a student wishes to earn an Associates or Baccalaureate degree in Paralegal studies, he/she may earn  a Degree inParalegal Associate in Science Degree from Cuyamaca College, one of many ABA approved schools located in Rancho, in San Diego.  Cuyamaca’s Paralegal Course is a whopping $6,693 per semester, a lot more expensive than City Tech’s $2,865 per semester. There’s an Estate Planning and Probate Law Course, which is equivalent to our Estates, Wills and Trusts course.

PART II

Here is a Statue of Lucille Ball in Palm Springs, California.  Star of the  sitcom, I Love Lucy, Lucille Ball is being honored because she was known as one of few female comedians during her time (1940s) with one of Hollywood’s longest careers.  She paved the way for other up coming female comedians.  Lucy is displayed here sitting on a bench wearing a smile.  I remember being a fan of I Love Lucy, the laughs were priceless.