Tennessee Laws of intestacy
1. Tenn. Code Ann. §31-2-104 (2010) share of surviving spouse and heirs under intestate succession is as follows:
a) §31-2-104(a)(2) If decedent is survived by spouse and issue, spouse either receives one-third (1/3) or a child’s share of the entire intestate estate, or whichever is greater. This means that (i) if the decedent is survived by spouse and one child, they will each get one-half of the estate; (ii) if the decedent is survived by spouse and two children, the surviving spouse gets one-third of the estate and the two children each get one-third of the estate; (iii) if the decedent is survived by spouse and three children, then the surviving spouse gets one-third of the estate and the children split the remaining two thirds of the estate. This math holds true no matter how many additional children there are.
b) §31-2-104(b)(2) If there is no surviving spouse and no surviving issue, the decedent’s estate is inherited by the decedent’s parent or parents equally.
2. According to Tenn. Code Ann. §32-1-105 (2013) a holographic will does not require witnesses, however, the signature and all its material provision must handwriting by testator and the testator’s handwriting must be proved by two (2) witnesses.
According to Tenn. Code Ann. §32-1-106 (2013) a nuncupative will: (a) may be made only by a person in danger of death, whether from illness or otherwise, and is valid only if the testator died as a result of the impending peril, and must be: (a)(1) Declared to be the testator’s will by the testator before two (2) disinterested witnesses; (a)(2) Reduced to writing by or under the direction of one (1) of the witnesses within thirty (30) days after such declaration; and (a)(3) Submitted for probate within six (6) months after the death of the testator.
(b) The nuncupative will may dispose of personal property not exceeding one thousand dollars ($1,000), except for persons in active military, air or naval service in time of war the aggregate amount may be ten thousand dollars ($10,000).
(c) A nuncupative does not revoke or changes an existing written will.
3. Tenn. Code Ann. §32-1-104 (2013) provides the requirements of due execution of wills. At least two attesting witnesses are required by Tennessee law.
Conversely, the NY State laws of Intestacy are as follows:
1. N.Y. Est. Powers and Trust Law § 4-1.1 (McKnney 2013)
a) §4-1.1(a)(1) If the decedent is survived by spouse and issue: the spouse receives the first Fifty Thousand Dollars and No/100 ($50,000.00) and one-half (1/2) of the remainder of the decedent’s estate. The issue collects the rest by representation (distributees in the same generation receive an equal share).
b) §4-1.1 (a)(4) If a decedent is survive by no spouse and no issue, the decedent’s estate is inherited by the decedent’s surviving parent(s) equally
2. Pursuant to New York State Law, holographic and nuncupative wills cannot be validly made. However, N.Y. Est. Powers and Trust Law section 3-2.2 (McKnney 2013) permits the following exemptions: (i) members of the armed forces, on active military duty during a war or other armed conflicts; (ii) civilians who are accompanying the armed forces during war and other armed conflict; and (iii) mariners (people at sea).
3. N.Y. Est. Powers and Trust Law section 3-2.1 (McKnney 2013) provides the requirements of due execution. At least two attesting witnesses are required in New York.
4. The second most populated city in Tennessee is Nashville (with a population of approximately 624,496 according to the U.S. Census Quick Facts website).
Hardeman & Montgomery Premier Escrow, LLC specializes in probate/estate planning. This is how firm represents its practice on its website: “Nashville Probate Lawyers With a Very Focused Practice. We do not pretend to be a firm that provides every kind of service. We focus on three areas that require thoroughness and attention to detail: assisting in estate and probate administration, real estate title services and helping in the formation of wills and trusts and conservatorships.”
5. McGuigan & Associates, LLC is a real estate appraisal company in Nashville, TN. According to its website they offer the following services:
“McGuigan & Associates has completed over 5,000 residential real estate appraisals in the past three years.
Although we complete most of our work for mortgage purposes, we continually do appraisals for estate purposes, divorces, establishment of a sales price, and other purposes. We have completed appraisals of every type of home: small, medium, large, historic, contemporary, log cabins, urban, suburban, rural, lakefront, large acreage, and even ones with recording studios and stables. As you can see, we have done them all from $40,000 investment fixer-uppers to $9,000,000 mansions in the Nashville MSA.
If you have any questions, feel free to contact us for a bid or call Victoria at 615-327-0662. Also, view the types of residential reports we can create for you.”
6. http://circuitclerk.nashville.gov/probate/ The Davison County Probate Court probates wills in Nashville, TN. The address of the Davison County Probate Court is Public Sq #608, Nashville, TN 37201.
7. A student can obtain a Paralegal Studies Associate of Applied Science (AAS) degree from Nashville State Community College, which is not an ABA accredited program http://www.nscc.edu/programs/c/business-applied-arts-and-technologies/paralegal-studies/. Full time students who are residents pay tuition in the amount of of $1668 per semester which is significantly less than NYC College of Technology’s (“City Tech”) Tuition of $2,865 per semester. Nashville State Community College does not publish descriptions of its courses online.
NASHVILLE, TN STATUE
The Parthenon is the heart of the Centennial Park in Nashville, TN. It is a full scale replica of the original Parthenon in Athens. The Parthenon serves as a monument to what is considered
the pinnacle of classical architecture and also serves as the city’s art museum. The main focus of the of the Parthenon is the 42-foot statue of Athena, which is a re-creation of the original statue just as in ancient Greece.
By; Patricia Negron