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Himelick Financial Group Joseph W
Himelick Financial Group Joseph W. Himelick, CLU, ChFC, MSFS Financial Planner 10900 Stonelake Blvd. Suite B-150 Austin, TX 78759 800-223-6983 [email protected] www.himelickfinancialgroup.com Wills May 02, 2016 Page 1 of 8, see disclaimer on final page Wills What is a will? A will may be the most vital piece of your estate plan, even if your estate is a modest one. It is a legal document that lets you direct how your property will be dispersed (among other things) when you die. It becomes effective only after your death. It also allows you to nominate an estate executor as the legal representative who carries out your wishes. In addition, in many states, your will is the only legal way you can name a guardian for your minor children. Without a will, your property will be distributed according to the intestacy laws of your state. The laws of your state also govern the validity of a will. What are the requirements? Requirements vary from state to state. Generally, for your will to be valid, the following requirements must be satisfied. You must be 18 and of sound mind Generally, you must be 18 years of age to execute a will, although some states have a different minimum age requirement. You also must be of sound mind. That means that you must have testamentary capacity--that you know and understand what property you own, its nature, who would inherit it, and the plan for disposition outlined in the will. You must also be free of undue influence or fraud at the time the will is drafted. -
BASICS of WILL DRAFTING the Importance of Having a Will a Will
BASICS OF WILL DRAFTING PATRICIA J. SHEVY, ESQ. THE SHEVY LAW FIRM LLC [email protected] The Importance of Having a Will A Will sets forth a person’s directions with respect to the direction of his or her assets after death. Without a properly executed Will, the laws of intestacy will apply to the distribution of a person’s assets. Many clients assume that the laws of intestacy will suffice. However, what happens in the following example: Husband and Wife have 3 minor children. Husband has $700,000 in assets. Wife has $1,000 in assets. The house is owned jointly by Husband and Wife. Husband dies. Wife keeps the house as surviving joint tenant. The remaining $700,000 is divided between Wife and children according to the laws of intestacy (Wife receives $50,000 plus ½ of the remaining $650,000; the 3 children split the remaining $325,000). But remember the children are minors, so the court will be involved until the youngest child reaches majority. This is probably not the outcome Husband and Wife had in mind. Problems with Intestate Succession When a New York State resident dies leaving no Will, the assets of the decedent will be distributed under New York Estates, Powers and Trusts Law (“EPTL”) Article 4, which lists the order and amount that family members will take from the estate of the decedent. In cases where a person dies intestate, EPTL §4-1.1 provides that a decedent’s assets will be distributed as follows: . If survived by a surviving spouse and children, the spouse receives $50,000 and ½ of the balance. -
Savoy and Regent Label Discography
Discography of the Savoy/Regent and Associated Labels Savoy was formed in Newark New Jersey in 1942 by Herman Lubinsky and Fred Mendelsohn. Lubinsky acquired Mendelsohn’s interest in June 1949. Mendelsohn continued as producer for years afterward. Savoy recorded jazz, R&B, blues, gospel and classical. The head of sales was Hy Siegel. Production was by Ralph Bass, Ozzie Cadena, Leroy Kirkland, Lee Magid, Fred Mendelsohn, Teddy Reig and Gus Statiras. The subsidiary Regent was extablished in 1948. Regent recorded the same types of music that Savoy did but later in its operation it became Savoy’s budget label. The Gospel label was formed in Newark NJ in 1958 and recorded and released gospel music. The Sharp label was formed in Newark NJ in 1959 and released R&B and gospel music. The Dee Gee label was started in Detroit Michigan in 1951 by Dizzy Gillespie and Divid Usher. Dee Gee recorded jazz, R&B, and popular music. The label was acquired by Savoy records in the late 1950’s and moved to Newark NJ. The Signal label was formed in 1956 by Jules Colomby, Harold Goldberg and Don Schlitten in New York City. The label recorded jazz and was acquired by Savoy in the late 1950’s. There were no releases on Signal after being bought by Savoy. The Savoy and associated label discography was compiled using our record collections, Schwann Catalogs from 1949 to 1982, a Phono-Log from 1963. Some album numbers and all unissued album information is from “The Savoy Label Discography” by Michel Ruppli. -
Nuncupative Wills Stuart Dixon Jenks Cornell Law School
Cornell Law Library Scholarship@Cornell Law: A Digital Repository Historical Theses and Dissertations Collection Historical Cornell Law School 1895 Nuncupative Wills Stuart Dixon Jenks Cornell Law School Follow this and additional works at: http://scholarship.law.cornell.edu/historical_theses Part of the Estates and Trusts Commons Recommended Citation Jenks, Stuart Dixon, "Nuncupative Wills" (1895). Historical Theses and Dissertations Collection. Paper 22. This Thesis is brought to you for free and open access by the Historical Cornell Law School at Scholarship@Cornell Law: A Digital Repository. It has been accepted for inclusion in Historical Theses and Dissertations Collection by an authorized administrator of Scholarship@Cornell Law: A Digital Repository. For more information, please contact [email protected]. NUNCUtTATI'V WILLS. --- 000--- TILESIS PFRESENTED BY STUART DIXON JENYZ FOR TILE DGREE OF BACHELOR OF LAWS. 0000000--.-.. CORNTELL UWIV/ERSITY. SCHOOL OF LAW. 1895. --- 000---- CONTJIST page INTRODUCT-ION. , oV' .00 00-2. CHAPTER I, ROMAN WILLS. ........................ .... -. it II, ANGLO SAXON WILLS.7 i III, FROM THE NORLMN CONQUIST TO THE STATUTE OF FRAUDS .0w.8- 9 tt IV, NtUNC'UPATIVE WILLS UNDER TH STATUTE OF FRAUDS AND SIMILAR EqACTMENTS........................010-25. it V, MILITARY TESTAMEqTS IN ENGLISH AND AMERICAN LAW 26-30 --- 000---. NUNCUPATIVE WILLS. --- 000--- INTRODUCTI ON. Testamentary succession, it is now agreed, is an insti- tution of positive law. It grew cut of the idea of the universitas juris of the Romans, and wherever it has existed can be traced to Roman influence.(a) In the earliest times a mans children were considered to be his only rightful heirs, and at first the privalege of willing property was confined to thase who, had no children to succeed them. -
Oral Contracts to Make a Will and the Uniform Probate Code: Boon Or Boondoggle?
ORAL CONTRACTS TO MAKE A WILL AND THE UNIFORM PROBATE CODE: BOON OR BOONDOGGLE? DENNIS W. COLLINSt A verbal contract isn't worth the paper it's written on.* Whether one is a movie mogul or a practicing lawyer, the prob- lem with oral contracts has long been recognized. Such problems have been prevalent in the estate and estate planning area. The best laid estate plans may come to naught when a despised relative shows up after death claiming to have had a contract with the deceased to receive all of the deceased's estate.' I. INTRODUCTION If a man can'tforge his own will, whose will can heforge?** Contracts to make a will occur in a variety of factual situations. Very often they involve the elderly. As people grow older, their reli- ance on others normally increases because of their inability to care for themselves. This is especially true of those who have lost spouses and who, as a result, come to rely on relatives for normal needs such as housing and food. The furnishing of these services by a friend or relative may be motivated by a variety of reasons, including friend- ship, good samaritanism or, unfortunately, greed. In many instances, no mention is ever made of compensation to the providers. In such a situation, after the death of the one receiv- ing the services, the providers may claim there was an oral contract to make a will, under the terms of which they were to be left certain property in exchange for their providing care for the deceased.2 Such a "contract" may have been the last thing on the mind of t Partner, Jewell, Gatz, Collins & Dreier, Norfolk, Nebraska; Fellow, American College of Probate Counsel; B.A., 1968; J.D., 1971, University of Nebraska. -
Speaking for the Dead: Voice in Last Wills and Testaments Karen J
St. John's Law Review Volume 85 Article 12 Issue 2 Volume 85, Spring 2011, Number 2 April 2014 Speaking for the Dead: Voice in Last Wills and Testaments Karen J. Sneddon Follow this and additional works at: http://scholarship.law.stjohns.edu/lawreview Recommended Citation Sneddon, Karen J. (2014) "Speaking for the Dead: Voice in Last Wills and Testaments," St. John's Law Review: Vol. 85: Iss. 2, Article 12. Available at: http://scholarship.law.stjohns.edu/lawreview/vol85/iss2/12 This Article is brought to you for free and open access by the Journals at St. John's Law Scholarship Repository. It has been accepted for inclusion in St. John's Law Review by an authorized administrator of St. John's Law Scholarship Repository. For more information, please contact [email protected]. ARTICLE SPEAKING FOR THE DEAD: VOICE IN LAST WILLS AND TESTAMENTS KARENJ. SNEDDONt INTRODUCTION ................................. ..... 684 I. FUNCTION OF WILLS ........................... .......685 II. VOICE ..................................... ...... 689 A. Term Defined. ...................... ....... 689 B. Applicability of Voice to Wills ............ ..... 696 C. Pitfalls.......................... ........ 708 D. Benefits ............................ ..... 720 III. VOICE IN WILLS ........................... ..... 728 A. Voice in Non-Attorney Drafted Wills ...... ...... 728 1. Nuncupative Wills ................. ...... 729 2. Ethical Wills...... ................. 729 3. Holographic Wills .................. ..... 732 4. Commercial Fill-in-the-Blank Forms and -
Videotape and the Probate Process: the Nexus Grows
Oklahoma Law Review Volume 42 Number 1 1-1-1898 Videotape and the Probate Process: The Nexus Grows Gerry W. Beyer William R. Buckley Follow this and additional works at: https://digitalcommons.law.ou.edu/olr Part of the Law Commons Recommended Citation Gerry W. Beyer & William R. Buckley, Videotape and the Probate Process: The Nexus Grows, 42 OKLA. L. REV. 43 (1989), https://digitalcommons.law.ou.edu/olr/vol42/iss1/3 This Article is brought to you for free and open access by University of Oklahoma College of Law Digital Commons. It has been accepted for inclusion in Oklahoma Law Review by an authorized editor of University of Oklahoma College of Law Digital Commons. For more information, please contact [email protected]. VIDEOTAPE AND THE PROBATE PROCESS: THE NEXUS GROWS GERRY W. BEYER* WrriuA R. BucKLEY** The legal profession, steeped in tradition and precedent, is often leery of change. For example, the legal community utilized scriveners until three hun- dred years after the development of the Gutenberg flatbed printing press,' and legal documents continue to ooze lawyerisms, tautologies, and other language that has little, if any, practical value.' The profession's ability to serve its primary purpose of facilitating the maintenance and smooth func- tioning of society is hindered by its failure to avail itself of technological and societal developments. 3 Only by embracing and developing new techniques will attorneys be equipped adequately to provide clients with competent and 4 complete legal services. One of the newly developed techniques readily available to attorneys is videotape recording. In 1969 a Florida appellate court became the first court to rule on the admissibility of videotaped evidence. -
Uniform Probate Code Section 6-201 a Proposal to Include Stocks and Mutual Funds Diane C
Cornell Law Review Volume 72 Article 5 Issue 2 January 1987 Uniform Probate Code Section 6-201 A Proposal to Include Stocks and Mutual Funds Diane C. Amado Follow this and additional works at: http://scholarship.law.cornell.edu/clr Part of the Law Commons Recommended Citation Diane C. Amado, Uniform Probate Code Section 6-201 A Proposal to Include Stocks and Mutual Funds , 72 Cornell L. Rev. 397 (1987) Available at: http://scholarship.law.cornell.edu/clr/vol72/iss2/5 This Note is brought to you for free and open access by the Journals at Scholarship@Cornell Law: A Digital Repository. It has been accepted for inclusion in Cornell Law Review by an authorized administrator of Scholarship@Cornell Law: A Digital Repository. For more information, please contact [email protected]. UNIFORM PROBATE CODE SECTION 6-201: A PROPOSAL TO INCLUDE STOCKS AND MUTUAL FUNDS Uniform Probate Code (UPC) section 6-201, entitled "Provi- sions for Payment or Transfer at Death,"' authorizes the use of will substitutes2 as alternatives to testamentary disposition.3 Will substi- tutes are the functional equivalents of wills; they are used by prop- erty owners to transfer property at death, yet they need not satisfy the legal formalities which attend testamentary disposition. Will substitutes attract property owners because they enable them to transfer property at their death outside the probate system, thus avoiding the system's costs and delays. 4 Since will substitutes became popular in the 1960s, courts have treated them erratically, sometimes characterizing them as valid nontestamentary transfers, other times as invalid testamentary transfers.5 In enacting section 6-201, the drafters endeavored to eliminate the confusion surrounding will substitutes by deeming nontestamentary a variety of arrangements made in "payable on death" (POD) or "transfer on death" (TOD) form.6 The statute's 1 UNIF. -
FWWH Revised Songbook ―This Camp Was Built to Music Therefore Built Forever
FWWH Revised Songbook Revised Summer 2011 ―This camp was built to music therefore built forever‖ These are the songs sung by Four Winds and Westward Ho campers – songs that have expressed their interests and ideals through the years. As you sing the songs again, may they recall memories of sunny days, and some misty and rainy ones too, of sailing on sparkling blue water, of cantering along leafy trails, of exploring the beach when the tide is out. May these songs remind you of unexpected adventure, and of friendships formed through the sharing of Summer days, working and playing together. 1 Index of songs A Gypsy‘s Life…………………………………………………….7 A Junior Song……………………………………………………..7 A Walking Song………………………………….…….………….8 Across A Thousand Miles of Sea…………..………..…………….8 Ah, Lovely Meadows…………………………..……..…………...9 All Hands On Deck……………………………………..……..…10 Another Fall…………………………………...…………………10 The Banks of the Sacramento…………………………………….…….12 Big Foot………………………………………..……….………………13 Bike Song……………………………………………………….…..…..14 Blow the Man Down…………………………………………….……...14 Blowin‘ In the Wind…………………………………………………....15 Boy‘s Grace…………………………………………………………….16 Boxcar……………………………………………………….…..……..16 Canoe Round…………………………………………………...………17 Calling Out To You…………………………………………………….17 Canoe Song……………………………………………………………..18 Canoeing Song………………………………………………………….18 Cape Anne………………………………………………...……………19 Carlyn…………………………………………………………….…….20 Changes………………………………………………………………...20 Christmas Night………………………………………………………...21 Christmas Song…………………………………………………………21 The Circle Game……………………………………………………..…22 -
Wills: Requirements and Considerations
Oklahoma Cooperative Extension Service AGEC-782 Wills: Requirements and Considerations JC Hobbs Assistant Extension Specialist, Agricultural Economics Oklahoma Cooperative Extension Fact Sheets are also available on our website at: http://osufacts.okstate.edu Note: This publication is intended to provide general informa- tion about legal issues. It should not be cited or relied upon as legal authority. State laws vary and no attempt is made to discuss laws of states other than Oklahoma. For advice Court costs will usually be higher if an individual dies about how these issues might apply to your individual situa- without a will (intestate). The estate administrator will be tion, consult an attorney. required to post a bond. As mentioned previously, the guard- ian of minor children will have to obtain court approval for Consequences of Dying Without a Will most actions and may also have to post a bond. The bonds guarantee that the guardian and administrator will faithfully When someone dies without a will, the distribution of carry out required duties. Such bonds may be obtained by property is controlled by state statutes. These statutes vary paying a fee to a bondsman. Absence of a will also precludes somewhat from state to state. In Oklahoma, the statutes opportunities for minimization of state and federal inheritance require the distributions shown in Table 1, depending upon taxes. which survivors remain. If no relatives survive, the estate will Finally, when individuals die without wills, all of their go to the state treasury rather than to a friend or some worthy property, real or personal, may be sold for payment of their charitable cause as the decedent (person who died) might have debts. -
A Concept Album
Merrimack College Merrimack ScholarWorks Honors Program Contracts Honors Program Spring 2020 The Power of Protest Music: A Concept Album Matthew Patterson Merrimack College, [email protected] Follow this and additional works at: https://scholarworks.merrimack.edu/honors_component Part of the Music Commons, and the Political Science Commons Recommended Citation Patterson, Matthew, "The Power of Protest Music: A Concept Album" (2020). Honors Program Contracts. 20. https://scholarworks.merrimack.edu/honors_component/20 This Project - Open Access is brought to you for free and open access by the Honors Program at Merrimack ScholarWorks. It has been accepted for inclusion in Honors Program Contracts by an authorized administrator of Merrimack ScholarWorks. For more information, please contact [email protected]. 1 Matthew Patterson Dr. Anne Flaherty and Dr. Laura Pruett Music and Politics FAA/POL3171 6 May 2020 The Power of Protest Music: A Concept Album Introduction: This semester, I decided to create an honors contract for one of my favorite classes offered at Merrimack, Music and Politics. Both music and politics are two of my biggest interests, so I felt that this class would allow me to create a very unique final project. For my project, I decided to create my own political concept album that would analyze the role of music in certain social and political movements. Inspired by old vinyl records, this curation will contain 12 songs that are divided evenly on each side of the record. Side A will contain six songs that are considered anthems of the Civil Rights Movement, while Side B will contain six songs that are considered anthems for the Black Lives Matter Movement. -
Probate Procedure Overview & Vignettes Gerry W. Beyer Governor Preston E. Smith Regents Professor of Law Texas Tech Univers
Gerry W. Beyer Governor Preston E. Smith Regents Professor of Law Texas Tech University School of Law 1 Whose will contained a detailed provision requiring beneficiaries to not become physically of psychologically dependent on alcohol, legal drugs, or illegal drugs? A. John Mahoney B. Vic Damone C. Hugh Hefner D. Mary Tyler Moore 2 What animal received a detailed obituary in The Eagle newspaper in Bryan, Texas? A. Dog B. Cat C. Chicken D. Hamster 3 Jeffrey Rigel died in August 2017. He requested eight member of his favorite team to be his pallbearers so the team could “let him down one last time.” Which team disappointed him? A. Cleveland Browns B. Dallas Cowboys C. Detroit Lions D. Philadelphia Eagles 4 5 The trial court held that the gift of the farm and pasture lands to the three grandchildren totally adeemed. The appellate court: A. Affirmed, ademption was total. B. Affirmed, the favored grandchild lacked standing to raise the issue. C. Reversed, there was a partial ademption. D. Reversed, there was no ademption. 6 7 The trial court held that all siblings (half and whole) shared equally as beneficiaries. The appellate court: A. Affirmed, because full siblings have priority over half siblings. B. Affirmed, because the remainder interest was not vested in father. C. Reversed, because all siblings must share equally in testamentary gifts. D. Reversed, because the remainder was vested and thus passed into the trust via the joint will when father died. 8 The will provided that it was the testator’s “desire” that the ranch stay “intact as long as possible.” 9 The trial court held the executor could sell the land.