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

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.

 

 

1.  N.Y. Est. Powers and Trusts Law section 4-1.1 (McKinney 2013) provides the New York laws of intestate succession.  It provides:

a.  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 issue take the rest BY REPRESENTATION (each distributee in the same generation gets an equal share).

b.  If a decedent is survived by a spouse and no issue, the spouse inherits the entire estate.

2. .  In general, holographic and nuncupative wills cannot be validly made under New York State law. 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:
– members of the armed forces, on active military duty during a
war or other armed conflict
– civilians who are accompanying the armed forces during a war or other armed conflict
– mariners (people at sea)
Once validly made, these wills are not valid forever: armed forces wills are valid for one year after discharge from the armed forces, civilian’s will are likewise valid for one year after the civilian ceases to accompany the armed forces and mariners wills are valid for three years from the date they are made.

3.   N.Y. Est. Powers and Trusts Law section 3-2.1 (McKinney 2013)  sets out the requirements of due execution of wills.   At least two attesting witnesses are required in New York.

4.  The second most populous city in New York State is Buffalo (with a population of approximately 259,364 according to the U.S. Census Quick Facts website).

Cole, Sorrentino, Hurley, Hewner and and Gambino, PC is a general practice law firm that offers “Wills, Trusts and Estates” services in Buffalo.  This is how the firm describes its practice on its website: ” Experience, Integrity and Personal Service…We can explain the misconceptions and misinformation about estate taxes so you’ll know exactly what will happen to your assets. We can also advise you as to the federal estate tax considerations of each option.

When wills and estates are contested, we serve our clients with aggressive probate litigation that addresses every practical issue possible, such as the disposition of personal and real property. Thomas F. Hewner has handled thousands of estates during his many years as a partner in our law firm, and as counsel to the Public Administrator of Erie County.”

5.  Emminger, Newton, Pigeon & Magyar Inc. (ENPM)  is a real estate appraisal company in Buffalo, N.Y.  According to its website, “ Originally known as Buffalo Appraisal Associates, the firm began as a commercial and industrial appraisal company focusing on its work for governmental and lending institutions. Over the years, new partners, including Joseph H. Emminger, Timothy J. Magyar and John Zukowski have joined the team, helping ENPM become the respected, full-service real estate appraisal and consulting firm it is today.”

 

 

7.  A student in Buffalo who wishes to earn  a degree in Paralegal Studies can earn an Associate in Applied Science degree from Erie County Community College.  Its Paralegal Program is not  ABA-approved.  Full time students who are residents pay tuition of$3,995 per semester which is considerably more than NYC College of Technology’s tuition of  $2,865 per semester.

Students enrolled in Erie County Community College’s Paralegal program must take a three credit course entitled “Estates, Insurance, and Domestic Relations “ in their third semester.  At City Tech, we offer  three different courses to cover the same material!

Unlike City Tech, Erie Community College does not publish descriptions of each of its courses online.

City Tech’s Estates Trusts and Wills course is described in its catalog as ” A basic overview of estate terminology, the jurisdiction of Surrogates Court and estate administration procedures. The fundamental law of wills, trusts and estates, as well as the preparation of the basic legal documents in each of these areas.” The course outline can be viewed here.

 

A NEW YORK STATUE

ELEANOR ROOSEVELT

This statue of Eleanor Roosevelt is located at West 72nd Street and Riverside Drive in New York City.

Eleanor Roosevelt, one of the most admired Americans of the 20th century, was our longest serving First Lady.  Her husband, President Franklin Delano Roosevelt, held office in the days before term limits (1933 – 1945).  Eleanor was a tireless worker for human rights and a beloved “citizen of the world”.

The statue, officially termed the “Eleanor Roosevelt Monument” was dedicated in a ceremony attended by First Lady Hillary Clinton in 1996.  I particularly love this statue because the sculptor, Penelope Jencks, did not glamorize Eleanor. Conversely, she gave her rather bad posture!

Lovely woman that she was, I do not think the unflattering pose would have bothered Mrs. Roosevelt who wrote at age 14,

“no matter how plain a woman may be if truth & loyalty are stamped upon her face all will be attracted to her…”

 

 

 

 

 

 

 

leanor’s grandson, Franklin Roosevelt  III spoke at the ceremony in Riverside Park and 72d Street near the statue of his grandma.