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 “Wills, Trusts and Estate” 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: “Navigating life & legacy…Our 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!”

6. McKinzie Metro Appraisal is a real estate appraisal company in St. Paul, MN. According to its website “McKinzie 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.”

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.

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

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).

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

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) – 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 ½ of the balance. Decedents children receive ½ 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 ½ 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 ½, 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 – Intestacy, Wills and Donative Transfers, Part 5. Wills, Will Contracts and Custody and Deposit of Wills. sec – 72-2-522. Execution – witnessed wills – 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 “trust and estates”) in the city is “Garlington Lohn Robinson” (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.

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.

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.

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.

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

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