Monthly Archives: April 2014

New Jersey.

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A.) According to N.J.STAT.ANN.§ 3B: 5(2014); The surviving spouse receives the first 25% of the intestate estate, but not less than $50,000.00 nor more than $200,000.00, plus one-half of the balance of the intestate estate. The remainder passes to the deceased’s descendants. In New York, the spouse receives $50,000 and 1/2 of the remaining, and then the rest is given to the issue(s).

2) According to N.J.STAT.ANN.§ 3B: 5(2014); If the decedent is survived by no spouse and no issue, then the estate passes to the parents equally if alive or to the surviving parent. New York intestacy laws are similar to this.

3) According to subsection b. and in N.J.STAT.ANN.§ 3B-3 (2014), a will shall be:

(1) In writing;

(2) Signed by the testator or in the testator’s name by some other individual in the testator’s conscious presence and at the testator’s direction; and

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

b. A will that does not comply with subsection a. is valid as a writing intended as a will, whether or not witnessed, if the signature and material portions of the document are in the testator’s handwriting.

c. Intent that the document constitutes the testator’s will can be established by extrinsic evidence, including for writings intended as wills, portions of the document that are not in the testator’s handwriting.

In New Jersey, all wills must be in writing. Oral wills, also called nuncupative wills, are not legal. If you are unable to sign your name to your will for some reason, the state will allow someone else to do it for you as long as it happens in your presence and at your direction. Holographic or handwritten wills are accepted as long as the signature and all the “material” portions relating to bequests and your executor are in your handwriting. You can self-prove your will either at the time you sign it or at a later date by signing a sworn statement in front of a notary public that it is authentic. Your witnesses must also sign the statement in front of a notary and they must be the same ones who signed your will.

Compared to the laws of New Jersey in New York nuncupative and holographic wills are also not legal However, N.Y.Est. Powers and Trusts Law section 3-2.2 (McKinney 2013) permits three groups of people to validly make these types of wills, which are members of the armed forces, civilians and mariners.

4) According to N.J.STAT.ANN.§ 3B: 3-3(2014); In New Jersey, two persons have to witness the will in order to be duly executed. In New York also at least two persons have to witness the will in order for the will to be duly executed.

5)The second largest city of New Jersey is Jersey City with a population of 247,597. A working link to the court that handles probate in jersey city is: http://www.bkrllc.com/wills-estates-and-probate.html

B)Paragon Appraisals LLC, Robert Gray is a real estate appraisal in Jersey City located at 11 Cove Road Toms River NJ, 08753. His website is: http://paragonappraisalsLLC.com

C)The name and address of the court that handles probate in Jersey City is: Bogart Keane Ryan,L.L.C. Located at 660 Newark Avenue, Jersey City New Jersey 07308.

 

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If a student wants to earn his /her Associates degree in Legal Assistant Studies in Jersey City they can go to Hudson County Community College. A working link to the schools website is http://www.hccc.edu this college is ABA approved and the annual cost to attend this school is, for a New Jersey resident is 18,318 and for a non New Jersey resident is, 21,626. In city tech the tuition is less compared to the Hudson County Community College tuition.

Description of Hudson County Community College Estates, Trust and Wills course: the laws of descent and distribution, wills, probate, and administration are covered in a brief substantive overview. The emphasis shifts to the areas that concern legal assistants such as filing forms and procedures, taxes, gifts, collection and transfer of assets, and the ascertainment and payment of debts. Forms for the preparation of wills and trusts are covered in detail.

Georgia State by Dwayne Melvin

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Georgia

               

1)

  1. Ga. Code Ann. § 53-2-1. (c) Upon the death of an individual who is survived by a spouse but not by any child or other descendant, the spouse is the sole heir. If the decedent is also survived by any child or other descendant, the spouse shall share equally with the children, with the descendants of any deceased child taking that child’s share, per stirpes; provided, however, that the spouse’s portion shall not be less than a one-third share;

 

  1. N.Y. Estate, Powers and Trust Laws § 4-1.1 (a)(1) (Consol. 2014) A spouse and issue, fifty thousand dollars and one-half of the residue to the spouse, and the balance thereof to the issue by representation

 

2) According to the Ga. Code Ann if a decedent is survived by no spouse and no issue the parents who are in the second degree will be next in line to take the estate in equal share

N.Y. Estate, Powers and Trust Laws § 4-1.1 (a)(4) One or both parents, and no spouse and no issue, the whole to the surviving parent or parents.

 

The state of Georgia does not recognize holographic/nuncupative wills

N.Y. Estate, Powers and Trust Laws § 3-2.2 (Consol. 2014) states the requirements for an holographic/ nuncupative wills to be valid

 

3) Ga. Code Ann. § 53-4-20 (b) states that a testator must sign his will in the presence of two or more competent witnesses

 

4) Columbus is Georgia State second largest city with the population currently. As of 2012 809,798 people reside in Columbus, Georgia

Charles W. Miller, P.C. http://www.cwmpc.com/ is a law firm establish in 2004. Charlie Miller, the firm provides personalized attention to clients seeking expert advice and assistance in both business and personal

 

5) Grantham Appraisal & Reality, Inc. http://www.legjr.com/  is a real estate appraisal company in Columbus, GA. they have the training and qualifications to give you the level of credible property value opinions that banks and major lending institutions need for home loans

 

6) Muscogee County Probate Court is located 100 10th St, Columbus, GA 31901 (706) 653-4333 http://www.columbusga.org/probate/estates.htm

7) To require an Associates in Applied Science in Paralegal Studies, a person will attend Columbus Technical College Paralegal Program. The campus is located 928 Manchester Expy, Columbus, GA 31904. Columbus Technical College is a two year public college which offers programs and services that support student and community success through the attainment of associate degrees, diplomas, technical certificates of credit, customized training, continuing, and adult education. To obtain your degree you must obtain a minimum of 70 credits which can take up to 2-4 years max. The program is ABA approved. The course curriculum requirements can be found in the catalog at http://www.columbustech.edu/Catalog%20and%20Student%20Handbook/paralegal-studies-degree-ps13.htm

 

 PARA 1135 – Wills, Trusts, Probate, and Administration (3-0-3)

Provides a general framework of the substantive theory of wills, trusts, and estates. Topics include: wills, trusts, and powers of attorney;

probate of wills and administration of estates; document preparation for other probate proceedings; general jurisdiction of the probate court; terminology of wills and estate practice; client interviews; and document preparation.

Prerequisites; None

 

 

 

 

 

Link

MAINE

1) Title 18-A sec 2-102, Maine Probate Code ; SUCCESSION AND WILLS states;

a) If there is a surviving spouse or registered domestic partner and issue, the first $50,000 plus the half of the remaining to the spouse or registered domestic partner. The remainder to the issue,

In NY Est., Powers and Trust Law, there are no provisions for a registered domestic partner to inherit from an intestate estate.

b) Title 18-A sec 2103 Maine Probate Code states, If there are no surviving spouse or issue, the entire estate goes to the parent of the decedent or split evenly if both parents are alive.

NY Est., Powers and Trust Law is the same in there succession.

2) Title 18-A sec 2-503 Maine Probate Code states; A Holographic Will is valid, witnessed or not, if the signature and material provisions are in the handwriting of the testator, even if it does not comply with Title 18-A sec 2-502 which states the guidelines of Execution;

a) Shall be in writing and signed by testator or in the testators name by some other person in the testator’s presence and by his direction.

b) Signed by at least 2 persons each of whom witnessed either the signing or the testator’s acknowledgement of the signature of the will.

NY Est., Powers and Trust Law states three types of people can make these wills;

a) Members of the armed forces on active duty

b) Persons accompanying the military but are considered civilians

c) Mariners  which are people at sea

NY Est., Powers and Trust Law states; Armed forces and civilian wills are valid for one year after discharge. Mariners wills are valid for three years from the date created. These wills are not valid forever under New York State Law.

3) Title 18-A sec 2-502 Maine Probate Code states; Exempt Holographic Wills. Two persons must be witnesses to the Execution of a will.

NY Est., Powers and Trust Law are alike in the Execution process.

4) Lewiston, Maine is the second largest populated city in Maine. As of 2012 36,460 people reside in Lewiston, Maine. For more information go to www.census.gov

Isaacson & Raymond Attorneys and Counselors at Law is a general practice firm that handles Wills, Estate Planning, Probate, and Elder Law among other areas of law in Lewiston, ME. Isaacson & Raymond is the merging of two of the oldest and respected law offices in the city of Lewiston, ME.  For more Information go to www.isaacsonraymond.com

5) The Appraisal Group Inc is a real estate appraisal company located in Lewiston, ME. The Appraisal Group Inc is the leading provider of real estate valuation for the mortgage lending market place. For more Information got to www.appraisalgroupauburn.com.

6) Probate Court & Registry is located in the County Court House at 2 Turner Street, Auburn Maine, 04210. Unit 5  (207) 753- 2500.

Probate Court is held the first and third Tuesday of each month. The County Court House in Auburn, ME is the nearest location to Lewiston, ME that handles probate matters. For more information go to www.androscoggincountymaine.gov.

7) To acquire a Associates in Applied Science in Paralegal Studies, a person will attend  Kaplan University (Lewiston, Maine campus) is located at 475 Lisbon Street, Lewiston, ME,  04240,  (207) 333-3300. Kaplan University is a well known online college that also offers on campus classes in many states.  The course requires a minimum of 90 credits to achieve the degree and can take 12 months to 2 years (full time) to complete it. The cost is  $280 per credit and the total cost of tuition for 2 years is $25,200 for the Maine campus. Kaplan University Paralegal Program is not ABA approved. The course curriculum can be found in the University catalog at www.Kaplanuniversity.edu but a break down of the Estates, Trusts, and Will course was not found but mentioned in the program overview. New York City College of Technology’s tuition is $2,865 per semester over a 2 year spam the total tuition is estimated to be $11, 460. City Tech’s Estate, Trust and Wills course can be found in the college catalog with a break down of the course go to www.citytech.cuny.edu

Part Two.

1) Hannibal Hamlin (1809-1891) born in Paris, Maine  Is one of the decedents honored in Maine with a statue. www.presidentsusa.net/hamlinmonuments.html

2) Hannibal Hamlin statue and grave site is located in Mount Hope Cemetery in Bangor Maine. Hannibal Hamlin was the 15th Vice-President of the United States from 1861-1865 under Abraham Lincoln’s term during the civil war. He was the first VP from the Republican Party. Before election in 1860, Hamlin served in the US Senate, House of Representatives, and was the 26th Governor of Maine for a short time.

From the beginning of his run in congress he was a major figure to stop the extension of slavery and Hamlin spoke against the Compromised Measure of 1850. In 1854 Hamlin apposed the passage of the Kansas Nebraska Act which repealed the Missouri Compromise.

Hamlin has multiple city and towns names after him; Hamlin, Kansas , Hamlin, New York , Hamlin, West Virginia , Hamlin Township , Hamlin, Lake Mason County, Michigan.

Hamlin has statues located in the United States Capitol, Norumbega Mall (public park). He also has two buildings in his name; University Of Maine Campus in Oron, Hamlin Hall and Hannibal Hamlin Memorial Library in Paris Maine.

 

 

 

 

 

 

 

Flag of the State of Tennessee

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.

 TN Clerks

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.

PART 2

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.

The Parthenon

By; Patricia Negron

Florida Law

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1. Fla. Stat. ss 731.101 (2013) provides the Florida laws on intestate succession.

a. Fla, Stat. ss 731.102 (2013) if a decedent is survived by spouse and issue, the spouse inherit the entire intestate estate only if; the descendants of the decedent are also surviving spouse descendants and he or she do not have others descendants. Although, if decedent is survived by one or more descendants that are not descendants of the surviving spouse or if decedent has one or more descendants that are also descendants of surviving spouse but he or she have descendants that are not descendants of the decedent, the surviving spouse inherit one-half of the intestate estate and the rest to the descendants by per stirpes (issue equally divide the share of a deceased accentor). On the other hand, N.Y. Est. Powers and Trust Law section 4-1.1 (a)(1) (McKnney 2013) the spouse receives the first $50,000 and one-half of the rest of the decedent’s estate, and the rest to the issue by representation (each distributee in the same generation gets equal share).

b. Fla. Stat. ss 731.103 If a decedent is survive by no spouse and no issue, the decedent father and mother inherits equally or all to the surviving parent. Similarly, to New York law N.Y. Est. Powers and Trust Law section 4-1.1 (a)(4) (McKnney 2013)  if a decedent is survive by no spouse and no issue, to the decedent surviving parents equally or all to the surviving parent.

2. In general, holographic and nuncupative wills cannot be validly made under Florida law. However, Fla. Stat. ss 732.502 (3) (2013) permits people who is active military duty, and Fla. Stat. ss732.502 (2) (2013) wills that are handwriting by the testator, only if is executed according to the law. In addition, wills that are handwriting by the testator and executed according to the law shall not be considered a holographic will, and no forms of words is necessary to the validity of a will if is executed according to the law. On the other hand, New York law N.Y. Est. Powers and Trust Law section 3-2.2 (McKnney 2013) holographic and nuncupative wills cannot be validly made. However, it permits three groups of people to validly make these types of wills: member of the armed forces, on active military duty during a war other armed conflicts, civilians who are accompanying the armed forces during war, and mariners.

3. Fla. Stat. ss 732.502 (C) (2013) sets out the requirements of due execution of wills. At least two attesting witnesses are required in Florida. Similarly, N.Y. Est. Powers and Trust Law section 3-2.1(McKnney 2013) sets out the requirements of a least two attesting witnesses are required.

4. The second most populous city in Florida is Southeastern Miami with an estimated population of 433,143 according to Yahoo Voice.

Rarick & Beskin , P.Ais a law firm specialize on “Probate, Estate Planning, Trust, Wills, Business, and Tax Law” that serves clients all over Florida including Miami. This is how the firm describes its practice on its website: “During the course of almost two decades, Rarick & Beskin has been the Miami trust attorney law firm other lawyers have turned to for help resolving their client’s legal matters; Our mission is clear and direct: Reach settlement or trial as quickly as possible, speak and write in plain English, provide high quality legal service at a fair price.”

5. Lazaro Solis Miami-Dade Property Appraisal is a real estate appraisal company in Miami, Florida. According to its website, “The elected Property Appraiser of Miami-Dade County serves as the head of the Office of the Property Appraiser. The Office’s primary responsibility is to identify and appraise all real and tangible personal property within the County and certify the annual tax roll with the Florida Department of Revenue (DOR) in accordance with State law.  Additional responsibilities include the maintenance of all associated property records, the administration of all exemptions, and the annual notification to all property owners in Miami-Dade County of the assessed value of their property.”

Miami Dade County CourtHouse, formerly known as the Dade County Courthouse

6, Miami Dade County CourtHouse, 73 W. Flagler Street Miami, Florida 33130

7, A student in Miami who wishes to earn a degree in Paralegal Studies can earn an Associate of Science in Paralegal Studies from Miami Dade College. The American Bar Association (ABA) approves the program’s curriculum. Full time students who are Florida residents pay $112.22 per credit hour ($448.88 per semester); non residents pay $396.51 ($1586.04 per semester); includes tuition and fees, which is considered less than New York College Of Technology’s tuition of $2865 per semester. In addition, Broward College offers an Associate in Science In Legal Studies, and is also ABA approved. Full time Students who are Florida residents pay $103.90 per credit hour ($415.60 per semester); non residents pay $359 per credit per hour ($1436 per semester); includes tuition and fees. Also, a student who wishes to earn a Bachelors degree in paralegal studies can earn a Bachelor of Science in Paralegal Studies in Nova Southeastern University, and is ABA approved. Tuition is $11,925 per semester for full time undergraduate students. In this case, to earn a Bachelor degree in paralegal studies in Nova Southeastern University is twice more than New York City College of Technology’s. Not to mention, students in both colleges and university are required to take a wills and trust class similar to at City Tech concerning their own State wills and trust law.

A Florida Statue

Albert Alexander Murphree

This statue of Albert Alexander Murphree (April, 29, 1870- December 20, 1927) an American college professor, and also a college president. The statute is located in the campus on the University of Florida. Albert Alexander Murphree is being honored, because he played an important role in the organization, growth and ultimate success of the university. His statue impacted me, because Albert was not only a mathematics professor, he was also president of Florida State University and University of Florida. His vision and intelligence was more than been a mathematics professor, he was the first one to create Florida’s first liberal arts college. His vision was to expand education in all aspects not only in his subject of choice. And that’s something you don’t see often, most college professor only believe that their subject of choice is the only important subject. However, I agree with Albert, every subject is important and education should be more than just the basic math and science courses.