Monthly Archives: April 2014

Connecticut

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 ¬Ĺ 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 РSection 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 ‚ÄúTrust and Estates‚ÄĚ) 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

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 ‚Äď Probate Division ‚Äď 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. 20 Pa. Cons. Stat. Ann. § 2102 Р§ 2103 (2014) are Pennsylvania laws of intestate succession.

a. In Pennsylvania, if a decedent is survived by a spouse and issue, the first $30,000.00 go to the spouse plus one-half of the remaining estate. Issue receives the rest of the estate by representation. Unlike Pennsylvania, New York State’s law is different towards the spouse’s share: a surviving spouse receives the first $50,000.00 plus one-half of the decedent’s estate. Issue receives the rest by representation (meaning that everyone in each generation gets an equal share).

b. In Pennsylvania, if a decedent is survived by no spouse and no issue, the estate is shared equally by the decedent’s parents. If there is only one surviving parent, then he or she receives the entire estate. New York law is identical to that of Pennsylvania where if a decedent is not survived by a spouse or issue, parents of the deceased receive the entire estate.

2. 25 Pa. Cons. Stat. Ann. § 2502 (2014)

In Pennsylvania, a handwritten will (holographic will) is valid under Pennsylvania law but everything must be handwritten. Nuncupative wills however, are not valid. Unlike Pennsylvania, New York State views holographic and nuncupative wills invalid with the exception of these three categories: 1. Armed forces members; 2. Civilians accompanying the armed forces; and 3. Mariners (those who are at sea). However, these wills are only valid for a certain period of time: one year for armed forces after discharge, one year for civilians after they cease to accompany the armed forces, and three years for mariners from the date they become mariners.

3. 25 Pa. Cons. Stat. Ann. § 2502 (2014)

The State of Pennsylvania and the State of New York require two witnesses to duly execute a will.

4. Pittsburgh is the city with the second largest population in Pennsylvania. The approximate population for 2013 is 306,211.00 (U.S. Census Quick Facts).

D‚ÄôOnofrio Law Office, P.C. (http://www.donofriolawoffice.com/) is an ‚ÄúEstate Planning and Probate Attorney‚ÄĚ firm in Pittsburgh, Pennsylvania. Here is a little bit of everything that attorney John D‚ÄôOnofrio writes about his firm on their website:

‚ÄúWhen it comes to planning for your future, Attorney John D’Onofrio, practicing as D’Onofrio Law Office, P.C. is passionate about helping. Whether you need guidance with devising an estate plan suitable for your needs or legal support for a probate matter, my law office has the experience to help.¬†I have been providing clients with legal assistance for more than 30 years, always striving to professionally and timely serve my clients-the friendly residents of Pittsburgh and Western Pennsylvania.

While I focus on helping a variety of clients create their estate plans, I am especially passionate about special needs planning.

If you’re interested in creating a¬†will or trust, I can guide you through their pros and cons and suggest which option is most suitable to your needs. I am also proficient in advising clients on¬†asset protection, working with them to insulate their property. Creditors and banks may try to seize your property from you, which is why I am dedicated to finding ways to legally shield your assets through proper estate planning techniques.

I can also assist you with preparing a variety of trusts such as a revocable living trust, irrevocable life insurance trust, family dynasty trust, charitable trust, and other trust agreements suited to your specific needs. Additionally I am available to assist with¬†settling a trust, handling the¬†estate taxes, and inheritance taxes and other debts that might need to be settled before the trust assets or probate assets are distributed.‚ÄĚ

5. Mariani & Associates, RE Appraisal & Consulting (http://www.marianiappraisals.com/) is an appraisal company in Pittsburgh, Pennsylvania. Their website is accompanied by an introductory video together with a musical accommodation. Their websites introduces their work as follows:

“Welcome to our home page. We are a leading provider of real estate valuations for the mortgage lending marketplace. With many years of experience in the business, we have a proven track record of reducing lenders time, efforts and costs in managing the appraisal process.

Our investment in training and technology has helped our customers greatly reduce their workload. By offering on-line appraisal ordering, coupled with automatic report status updates and electronic delivery of the final product, we are able to eliminate the run around and phone tag hassles associated with this process. And since this process saves us money as well, we can keep our rates competitive with anybody in the industry.‚ÄĚ

6. In Pittsburgh, Pennsylvania, the court that handles probate is named Wills/Orphans’ Court with the location of 414 Grant Street, First Floor, Pittsburgh, PA 15219.

6a0133f2b2e480970b013488a81a33970c-320wi

Image of Allegheny County Courthouse Complex

7. A student in Pittsburgh, Pennsylvania can earn a Paralegal Certificate in Paralegal Studies from Duquesne University. It is an American Bar Association approved program. Unlike any other college, it requires you to have a bachelor’s degree for admission.

images

Image of Duquesne University logo.

One credit at Duquesne University costs $757 and a 3 credit course is $2,271, that’s $9,084 for 12 credits and $11,355 for 15 credits. The New York City College of Technology located in Brooklyn, New York charges $2,865 for a full-time tuition and $245 per credit for part-time (9 credits is $2,205). The difference between full-time tuition at Duquesne and NYCCT is $8,490.

Students at Duquesne University must take an elective class ‚Äú512 Estates, Wills and Trusts.‚ÄĚ The college describes the course as follows:

‚ÄúStudents will be introduced to the various forms of ownership of property.¬† Students will also learn about the distinction between probate and non-probate assets, the difference between the probate estate and taxable estate, Pennsylvania law of intestate succession and formal requirements for drafting Wills and Trusts.¬† Students will learn how to complete all forms required by the Register of Wills.¬† The importance of establishing tickler dates for various date-driven tasks will be emphasized.¬† Students will also take part in the preparation of Pennsylvania Inheritance Tax and Federal Estate Tax Returns.¬† Practicing paralegals may provide presentations.‚ÄĚ

The New York City College of Technology in the State of New York offers a class with the same name.

A PITTSBURGH STATUE

‚ÄúTribute to Children‚ÄĚ

Rogers

Everyone remembers Mister Rogers from Mister Rogers‚Äô Neighborhood. Sadly, he passed away in 2003 but his memory still lives on. Pittsburgh, Pennsylvania honors the decedent with its statue ‚ÄúTribute to Children‚ÄĚ. ¬†It is located on Pittsburgh‚Äôs North Shore and weighs 7,000 pounds. The creator of the statue, Robert Berks, specifically chose a pose where Mr. Rogers is tying his sneakers because that‚Äôs what he would do at the beginning of all of his shows. It took approximately six years to complete but its location ‚Äúprovides visitors with a beautiful view of the city of Pittsburgh‚Äôs skyline.‚ÄĚ ¬†

As a fan of Mr. Rogers, this statue is weird looking and does not resemble how I remember my favorite host. First, it looks like he is made of mud. Second, his teeth are creepy looking. The sculptor says that anyone can sit on Mr. Rogers but if it were me, I would run for my life.   

California- Intestate Succession

1)Cal.Prob.Code¬ß1600(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¬ß6402(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 ¬ß4-1.1(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.¬ß6402(West2000) New York’s Probate Laws provides the same in this case according to N.Y.Est Powers Trusts Law¬ß4-1.1(4)(Mckinney2013)

2)¬†Cal.Prob.Code¬ß6111(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¬ß3-2.1(Mckinney2013) (B)¬†Cal.Prob.Code¬ß6110(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.

Minnesota Law by Sujan Karki

Minnesota Law

1. Minn. Statutes, § 524.2-101 (2013) provides the law on intestate succession.

a.  Minn. Statutes, § 524.2-102 (2013): If the decedent is survived by a spouse and has no issue, spouse inherits the entire estate.

b. If a spouse and issue survive a decedent, the spouse receives the first $150,000.00 and one half of the decedent remaining estate. The issue takes the rest BY REPRESENTATION (each distributee in the same generation gets the equal share). But, according to N.Y. Est. Powers and Trust Law section 4-1.1 (a)(1) (McKinney 2013) the spouse only receives the first $50,000.00 and one-half of the rest of the decedent’s estate, and the rest to the issue by representation.

2. In Minnesota, Holographic and Nuncupative wills are not valid. However, statute has a provision that Nuncupative might be valid for only personal property if a soldier in actual service or mariner at sea makes it. Once it is made, it is not valid forever. It must be reduced to writing within thirty days and cannot be probate except upon the evidence of at least two credible and disinterested witnesses.

3. Minn. Statutes, § 524.2-502 (2013) sets the requirement for due execution. It must be

a.In writing

b. Signed by the testator or in the testator’s name by some other individual in the testator’s conscious presence and by the testator’s direction or signed by the testator’s conservator pursuant to a court order under § 524.5-41; and

c. Signed by at least two individuals, each of whom signed within a reasonable time after witnessing either the signing of the will as described in clause (2) or the testator’s acknowledgement of that signature or acknowledgement of the will.

4. After Minneapolis with the population of 382, 578, the second most populated city is St. Paul. According to the United States Census Bureau, the population of St. Paul city is 285, 068.

5. ¬†¬†The Lennington Law Firm is a law firm that offers ‚ÄúWills, Trusts and Estate‚ÄĚ services in St. Paul. This firm offers their client throughout Minneapolis, St. Paul, Bloomington and Minnetonka, MN with estate planning, probate & estate administration, special needs planning, elder law & Medicaid planning, family business succession, electronic data recovery, asset protection and planning for children. This is how the law firm describes their practices on their official website: ‚ÄúNavigating life & legacy‚ĶOur goal is to give you peace of mind. Our firm helps families plan for life, deal with death, preserve wealth, and protect inheritances. Our clients engage us when planning for the two most important aspects of their lives: Everything they own and everyone they love.

Lennington Law Firm, PLLC is equipped with the most cutting-edge research, analysis, and technology available. By actively listening to our clients, our attorneys create and administer highly personalized plans that reflect our clients’ own unique situations. It’s not just the law, it’s how the law affects you!‚ÄĚ

6.¬†McKinzie Metro Appraisal is a real estate appraisal company in St. Paul, MN. According to its website ‚ÄúMcKinzie Metro Appraisal has the experience and knowledge to handle any of your appraisal needs: Recreational, Institutional, Commercial, Industrial, and Residential. Over 40 years of experience providing professional appraisals and valuation consultation service as well as appraisal reviews. Whether you need your home or your family-owned business appraised, you can count on us for accurate, timely results. We have a qualified, professionally trained appraisal team.‚ÄĚ

7. The Minnesota Second District Probate Court probates wills in St. Paul, MN. The address of Ramsey County Probate Court is 650 Courthouse, 15 West Kellogg Boulevard, St. Paul, MN 55102-1612.

Saint_Paul_City_Hall

Ramsey County Court House

(Please click the image for the source)

8.   There are three colleges that provide Paralegal degrees in St. Paul, MN. Hamline University, Globe University, and National American University-Roseville. However Hamline University only provides certificate level and is American Bar Association (ABA) approved. On the other hand, Globe University and National American University-Roseville both provide up to Bachelors in Paralegal Studies but are not ABA approved. The certificate level in Hamline University requires 36 credits and can be completed in 9-12 months and costs $573 per credit. Financial Aid is also available for those who are illegible. At Globe University, a full time student can complete the Bachelors level in 36 months and costs $390 per credit. All three colleges require taking Estate, Trusts and Wills law class.

9.                                          Minnesota Statue

Leif Erikson

This statue of Leif Erikson is located near Minnesota State Capitol in St. Paul, MN.

Leif Erikson also known as Leif Ericson was an explorer. He is believed to be the first European to discover America. His statues are located in different cities like Boston and Seattle. The statue located at St. Paul, MN was built in 1949 during the presidency of Calvin Coolidge. In the United States, October 9 has been used to remember him (Leif Erikson Day).

Kentucky Laws of Intestacy by Katrina Newell

  1. The State of Kentucky Revised Statutes (2013), Title XXXIV, Chapter 394, §394.010 provides the following laws on intestate succession as opposed to New York State Laws of intestate succession:

a.  If a decedent is survived by a spouse and issue: the decedent’s (either male or female)          issue and their descendants inherits everything. If there are no issue, then it passes onto      the parents.  If both parents are living, the estate is divided among them in two parts, not      necessarily equal.  If only one of the parents are alive that parent gets the entire share.          If the decedent’s parents are deceased, the estate passes onto the decedent’s siblings            and their descendants.  If the decedent has no siblings, the estate then goes onto the            spouse of the decedent.

     New York State Laws of Intestate Succession states:  If a decedent is survived by a                spouse and issue, the spouse receives the first $50,000 and one-half of the rest of the            decedent’s estate.  The rest of the estate is then divided equally among the issue (by              representation).  Unfortunately in Kentucky, the spouse only inherits if there are no issue,      descendants of issue or parents.

b.  If a decedent is survived by no spouse and no issue: the decedent’s inheritance will then      go to his parents in two parts, if the both are living. If only one parent is living, that parent      will receive the entire share.  If no parents are living, the estate then passes onto the              decedent’s siblings and their descendants.  If there are no siblings, it will then go on to          the grandparents, equally, if they are both living. If one is alive then that one gets the              entire share. If they are not living, then it will pass onto the uncles and aunts and their          descendants.  If there are none alive, then it passes onto the great-grandparents                    according to the same manner of the grandparents.

     New York State Laws of Intestate Succession states: If a decedent is survived by no              spouse and no issue, the decedent’s surviving parents inherits equally or if there is only        one parent, that parent inherits it all.

2.   According to the Kentucky Revised Statutes (2013), Title XXXIV, Chapter 394, §394.040              provides the following law regarding the validity of a Will:

a.   In the state of Kentucky, a holographic will is valid, if it is in writing and is signed by the         testator himself, or by a representative in his presence and by his direction.  The will             must be wholly written by the testator and the signature should be witnessed in the               presence of at least two (2) credible witnesses, who must also sign their names in the             presence of the testator, and in the presence of each other.  Nuncupative (oral) wills are         not valid in Kentucky.

     Under New York State Law, holographic and nuncupative wills are not valid with                    the exception of members of the military who are on active duty during a war, civilians            who are accompanying the armed forced during war or mariners.

3.  According to the Kentucky Revised Statutes (2013), Title XXXIV, Chapter 394, §394.040                provides the following law regarding the validity of a will:

A duly executed will must be witnessed in the presence of at least two (2) credible                  witnesses, who must also sign their names in the presence of the testator, and in the              presence of each other.  New York State Law also requires two attesting witnesses as well.

4.  The second most populous city in the state of Kentucky is Lexington (with a population            estimated to be about 305,489 according to the U.S. Census Quick Facts website).

5.  Landrum & Shouse, LLP is a general practice law firm with offices located in Lexington            and  Louisville Kentucky.  They specialize in a wide variety civil litigation services,                    including Probate and Estate Planning.  The mission statement on their website states:          “Our Mission, to which we are dedicated, is to provide professional legal representation          and service to our clients to the very best of our capabilities, individually and in unity with      one another.  http://www.landrumshouse.com.

6.  Dennis Badger & Associates, Inc. is a real estate appraisal and consulting firm centrally          located in Lexington, Kentucky.  Housed at 141 Prosperous Place #26, Lexington,                      Kentucky, Dennis Badger & Associates, Inc. pride themselves in offering timely real                  property appraisals of most property types such as residential, commercial, industrial,            multi-family, special purpose, vacant land, and residential subdivisions.                                    http://dennisbadger.com

7.  The Kentucky Court of Justice under the District Court Division  probates wills in                      Lexington, Kentucky located at 150 N. Limestone, Lexington, Kentucky 40507.

8.  A student in Lexington, Kentucky who wants to earn an Associate in Applied Science               degree or a Baccalaureate degree in Paralegal Studies can enroll at Sullivan University.           The school is approved by the American Bar Association.  The tuition for an 18 month             Associates Degree program is $35,040.00, which is definitely more expensive than New           York City College of Technology’s  tuition of $2,865 per semester for the same degree.

Sullivan University did not publish any of their course descriptions online.

 The State Capitol of Kentucky

Montana Laws of Intestacy

Montana flag

Part One.

The statute(s) that govern Intestate Succession in the state of Montana are the:

1. Montana Code Annotated (MCA) 2013, Title 72. Estates Trust & Fiduciary Relationships. Chapter 2. Uniform Probate Code (UPC) ‚Äď Intestacy, Wills and Donative Transfers. Part 1. Intestate Succession. 72-2-111. Intestate Estate:

(1) If a decedents estates is not disposed of by a will it passes through intestate succession to the decedents heirs.

 

(2) A decedent can exclude or limit the right of a person(s) or class to succeed property of the decedent by intestate succession. If that person or class member survives the decedent then the share of the decedents intestate estate has disclaimed an intestate share to that person(s) or class.

A) If a decedent is survived by a spouse and issue then the spouse receives the first $100,000 plus ¬Ĺ of the balance. Decedents children receive ¬Ĺ of the balance.

In the State of New York under the Estates Powers and Trust Law (EPTL) sec-4-1.1(a)(1) if a decedent is survived by a spouse and issue, the spouse receives $50,000 and ¬Ĺ of the residue estate. The balance thereof to the issue(s) by representation.

B) If a decedent is survived by no spouse and no issue then estates goes to the parents of the decedent and they share equally if both are alive, if one survives then he/she receives entire estate. Brothers and sisters are equally divided (sibling descendants take by representation). Grandparents receive ¬Ĺ, if not living, to their descendants by representation.). Other relatives varies according to the degree of relationship. If no relatives are living or acknowledgeable then the estates gets Escheats to the State of Montana.

In the State of New York, if a decedent is survived by no spouse and no issue then the whole goes to the decedents surviving parent(s). If the decedent has no parents then the estate appoints to the issue of parents by representation. If not, then the estate appoints to the decedents grandparents.

The statute that provides the number of witnesses necessary to duly execute a will and that concerns holographic wills in the State of Montana is the MCA 2013, Title 72. Estates, Trusts and Fiduciary Relationship, Ch. 2 UPC ‚Äď Intestacy, Wills and Donative Transfers, Part 5. Wills, Will Contracts and Custody and Deposit of Wills. sec – 72-2-522. Execution ‚Äď witnessed wills ‚Äď holographic wills: A will must be (a) in writing; (b) signed by the testator or the testators name by another person while in the presence of the testator; (c) signed by at least two individuals, signed within a reasonable time after witnessing either the signing of the will (b) or the testators knowledge of the signature or acknowledgement of the will.
(3) A will that does not comply with subsection (1) will be valid as a holographic will, whether or not it is witnessed, as long as the signature and material of the document are in the testators handwriting. (3) Intent the document constitute the testators will may be established by extrinsic evidence, including holographic wills and portions of the document that are not in the testators handwriting.

(4) In contrast to Montana laws of holographic wills, the State of New York does not honor/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.
(5) In comparison to New York as far as the number of witness to the signing of a will it is the same in the Montana.

The city with the second largest population in the State of Montana is Missoula. A law firm that specializes in probate/estate planning (aka ‚Äútrust and estates‚ÄĚ) in the city is ‚ÄúGarlington Lohn Robinson‚ÄĚ (GLR): http://www.garlington.com/Estate-Planning/Probate.shtml

The website to a real estate appraiser in the city of Missoula Montana is: http://www.appraisalservicesmt.com

The name and address of the court that handles probates in the city of Missoula Montana is the Missoula County Courthouse 4th Judicial District Court which has jurisdiction in Missoula and Mineral County of Montana. It is located at 200 West Broadway in downtown Missoula.

The Missoula College (University of Montana) has an Associate of Applied Science Degree for Paralegal Studies. The program is approved by the American Bar Association (ABA). The schools tuition is less than CUNY New York City College of Technology. The schools tuition is $1,707.75 per semester (estimate) for students who are residents of the state. Here is a link to the institute: http://www.mc.umt.edu/businesstech/paralegal/default.aspx

Part. 2

Arc Of Life
Artist: Stuart Nakamura
Completed in 2010 in Rose Park, Missoula Mt.

The Arc of Life pays homage to the firefighting and emergency services by the firefighters in the Missoula community with three art elements: stainless steel & granite interpretive centerpiece, a concrete pad with natural stone path and risers for engraved metal plates. Using the element of water as a symbol of life and sustenance, Arc of Life reaches into this aspect of tribute imagery to generate a remembrance of the act of saving lives. It’s a place for healing, remembrance and praise.

Arc Of Life

Idaho statue

JULIA DAVIS HANDING A GIFT TO A LITTLE GIRL

This statue can be found in the Municipal Park of Boise, Idaho.

Julia Davis was the wife of Thomas Jefferson Davis who donated the land to the city of Boise to be used as a park.

The statue itself embodies the essence of Mr. Davis’s act: sharing. ¬†I think this statue should remind us all of the importance of sharing. ¬†We need to be more selfless and think about those around us who need our help.

 

Intestacy laws of the state of Idaho

 

Idaho is one of the states that have adopted the Uniform Probate Code.

1)      (a) Under Unif. Probate Code § 2-102 (3) & (4) (2010), a decedent who died intestate and is survived by a spouse and issue will have his/her estate divided as follow:

The surviving spouse gets $225,000 and one-half of the remaining estate if all the decedent’s surviving issue are also the surviving spouse’s issue and the rest to the issue by representation.  In case one or more of the decedent’s issue are not the surviving spouse’s issue, the surviving spouse gets $150,000 and one-half the remaining estate and the rest to the issue by representation.  Unlike in New York where the surviving spouse gets $50,000 and one-half regardless of whether the decedent is survived by issue who are not the surviving spouse’s issue, and where the decedent’s estate is divided among the decedent’s issue per stirpes.

(b) Unif. Probate Code § 2-103 (a) (2) (2010) provides that the decedent’s estate gets equally shared between the decedent’s parents if the decedent left no spouse or issue.  Or any of the surviving parents gets the entire estate if the other does not survive the decedent.  This law is similar to that of New York.

2) Under Unif. Probate Code § 2-501 (3) (A) (2010), a duly executed will must be signed by at least witnesses.  Similarly, the same number of witnesses is required for a duly executed will

3) Unif. Probate Code § 2-501 (b) (2010) provides that holographic wills are valid as long as there are hand-written by the testator and signed by the testator.  There is no witness required for holographic wills to be valid unlike in New York, where two witnesses are required for such a will to be valid.

4) The second largest city in Idaho is Nampa with 83, 930 inhabitants as for 2012.  In the city of Nampa there are many law firms that handle probate matters.  Here is one of them: Hamilton, Michaelson & Hilty, LLP.  The website of this law firm is www. Nampalaw.com

5) Metro Appraisal is one of the most prominent real estate appraisers in the city of Nampa.  In order to know more about Metro Appraisal, I invite you to visit their website www.metroappraisalidaho.com

6) The court that handles Probate and related matters is called Canyon County Court and is located at 1115 Albany Street, Caldwell, ID 83605

7) The only institution that provides an associate degree in legal administrative assistant is the College of Western Idaho.  However, it’s unclear as to whether the institution still provides such a degree because the college does not make mention of the legal administrative assistant degree in its catalog.  As for the tuition, it’s $750.00 per semester , which is tremendously cheaper than City Tech’s.

Vermont Law

 

Vermont State Flag

Vermont State Flag

1.   VT. STAT. ANN. tit. 14, § 301 (2009) outlines the Vermont’s laws on intestate succession.

a. VT. STAT. ANN. tit. 14, § 311 (2009) outlines: Should a decedent be survived by a spouse and descendant (issue), the spouse is entitled to receive one-half of the intestate estate. The descendants of the decedent at that point will receive the remainder of the intestate estate by representation (equally), otherwise known as per stirpes, as outlined VT. STAT. ANN. tit. 14, §  314 (2009).

Compared to New York

N.Y. Est. Powers and Trusts Law section 4-1.1 (a) (1) (McKinney 2013) outlines that if there is a spouse and issue, the first $50,000 and one-half after the deduction of $50,000 of the estate is entitled to the spouse. Thereafter, the remainder goes to the issue by representation (equally). As to Vermont’s laws, the spouse immediately and simply receives one-half of the estate and the remainder goes to the issue by representation. It should be that Vermont’s choice of words for issue is different from New York, they use the term descendant.

b. In the event there is no spouse and no issue, the applicable VT. STAT. ANN. tit. 14, § 314 (b) (2009) indicates the receivers in the following order:

(1)    If both parents survive the decedent, the estate should be equally divided between the two parents. If there is one surviving parent of the decedent then that parent gets the entire estate.

Compared to New York

N.Y. Est. Powers and Trusts Law section 4-1.1 (a) (4) (McKinney 2013) is similar to the Vermont’s laws of same occurrence.

(2)    Should no parent survive the decedent, the decedent’s siblings (otherwise known as issue of decedent’s parents) and descendants of deceased sibling are next in line to receive the estate by representation (equally).

Compared to New York

N.Y. Est. Powers and Trusts Law section 4-1.1 (a) (5) (McKinney 2013) is similar to the Vermont’s laws of same occurrence. Between New York and Vermont, this section is worded differently but essentially has the same meaning.

(3)    Should the parent(s), siblings or descendants of deceased siblings not survive the decedent, half of the estate will equally go to the parents of decedent’s father (paternal grandparents) if they both survive or to the surviving paternal grandparent. The other half would go to the parents of the decedent’s mother (maternal grandparents) if they both survive or to the surviving maternal grandparent. Or, if the decedent is survived by a grandparent or grandparents only on one side of the family then the estate is entitled to that surviving grandparent(s).

Compared to New York

N.Y. Est. Powers and Trusts Law section 4-1.1 (a) (6) (McKinney 2013) is similar to the Vermont’s laws of same occurrence except New York law contains items covering extensive situations that Vermont law does not, such as; that if either the paternal or maternal grandparents do not survive the decedent then the issue of non-surviving maternal or paternal grandparent is entitled to the estate by representation. Vermont law does not contain any provisions allowing the issue of grandparents to receive the estate.

(4)    In VT. STAT. ANN. tit. 14, § 314 (b) (4) (2009), Vermont stops outlining any other varieties of family and just states if no aforementioned individual(s) survives the decedent then the next of kin receives the estate by representation equally.

Compared to New York

N.Y. Est. Powers and Trusts Law section 4-1.1 (a) (7) (McKinney 2013) goes on in explaining if great-grandchildren of decedent’s grandparent survive him/her. It can be inferred that New York tries to cover as many situations as possible by being consistent and specific whereas Vermont just states any further next of kin receives in equal shares.

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2.  There is no mention of holographic wills in Vermont’s provisions regarding wills. VT. STAT. ANN. tit. 14, § 6 (2014) governs nuncupative wills. Per the statute, such wills are not allowed in the following instances:

  • If the amount of the given personal estate exceeds the amount of $200.00;
  • Unless a written document, aside from the will, is made by a person making such will within six days from making that will; or
  • Unless such will is presented for probate immediately within six (6) months after the death of the testator (person who has executed the will).

Compared to New York

N.Y. Est. Powers and Trusts Law section 3-2.2 (McKinney 2013) contains provisions for holographic will whereas Vermont law does not. In respect to nuncupative wills, New York provides validity to such if wills if made by a member of the armed forces while on active military duty at war, a mariner while at sea and such wills have a validity period of one year upon discharge for the armed forces and one year after the civilian leaves the armed forces. Mariners making such will have a validity period of three years from the date of the will. Vermont has no reference to military personnel such as in New York.

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3. Per  VT. STAT. ANN. tit. 14, § 5 (2014), with the exception of nuncupative wills, a will must be attested and signed by at least two credible witnesses.

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4. According to United States Census Bureau, South Burlington is the second largest city in Vermont in respect to population with an estimated 18,400 people calculated in the year 2012. http://quickfacts.census.gov/qfd/states/50/5066175.html

Kirkpatrick & Goldsborough, PLLC is a firm specializing in Estate Planning & Probate in South Burlington, Vermont. The following is excerpt from firm’s web page where they outline their core competencies in respect to estate planning: “When individuals throughout Vermont wish to plan for the future by developing an estate plan, they can turn to Kirkpatrick & Goldsborough. We believe that a comprehensive estate plan is an excellent way for people to provide long-term financial security for themselves and their loved ones.

Among our attorneys, Steve Miller has more than 10 years of experience helping Vermonters determine their estate planning goals and assess their needs‚ĶIn addition to his estate planning work, Steve Miller represents individuals in probate court. As an experienced estate planning lawyer, he understands that the time following the death of a loved one can be difficult and that disagreements can arise.‚ÄĚ

http://www.vtlawfirm.com/Practice-Areas/Estate-Planning-Probate.shtml

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5. Chuck Bolton Real Estate is a real estate appraiser in South Burlington, Vermont. According to their website: ‚ÄúChuck Bolton began VT real estate appraisal work for banks, relocation companies, area attorneys and homeowners in 1975. Real estate appraisal work continues for a variety of clients.‚ÄĚ

http://chuckbolton.biz/appraisals

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6. Chittenden Superior Court, Probate Division located at 175 Main Street, Burlington, VT 05402

Chittenden Superior Court, also known as Vermont Superior Court.

Chittenden Superior Court, also known as Vermont Superior Court.

http://court.co.chittenden.vt.us/superior/old/

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Champlain College

Champlain College

 

7. The closest to South Burlington, Vermont is Champlain College. They offer a Bachelor of Science Legal Studies program. Their legal studies program is not ABA approved. Their annual (maximum of 33 credits fall and spring) off-campus tuition is approximately $34,600. Compared to City Tech which has an approximate tuition cost for fall and spring semester combined at around $6,000. The annual cost at Champlain College is certainly higher than at City Tech.

Students enrolled in the Legal Studies program at Champlain College must take a course named ‚ÄúWill, Trusts & Estates‚ÄĚ (LEG 310) which is a three credit course and is outlined as follows; ‚ÄúExamines the common forms of wills and trusts, the,legal principles involved, and the drafting of,documents by the paralegal. Studies the,administration of estates, the powers and trusts,law, intestacy and probate practice. (Fall only)‚ÄĚ

http://catalog.champlain.edu/search_advanced.php?cur_cat_oid=12&search_database=Search&search_db=Search&cpage=1&ecpage=1&ppage=1&spage=1&tpage=1&location=33&filter%5Bkeyword%5D=estate+planning

At City Tech we have an extensive and a very informative Estates, Trusts and Wills course LAW 2301 covering similar aspects as in Champlain College LEG 310.