Question
Please read the following instructions and use it to draft the following probate forms for both JOE and Jane. They have to be in a
Please read the following instructions and use it to draft the following probate forms for both JOE and Jane. They have to be in a separate document.
LGL 2110-ESTATE & PROBATE (2024)
Assignment: 12. Probate Forms Drafting -Full Administration with Last Will & Testament (40 points)
You are a paralegal working in the law office of John Gibbons, Esq. located at 2801 W. Bancroft St. Toledo, Ohio 43604 (Ph: 419-530-5030; Fax: 419-530-5031; Email: J..s@law.com; Supreme Court #0012301). Mr. Gibbons has advised you of the following: 1. A few years ago he drafted estate planning documents for Joe Vinny Wicker (dob February 15, 1987; SSN 123-45-6789; Ph: 419-123-4567) and his wife Jane Constantine Wicker (dob March 15, 1987; SSN 987- 65-4321; Ph: 419-123-4568) who live at 7436 W. Bancroft St. Toledo, Ohio 43615. They have two children, John Stanley Wicker (dob February 15, 2018) and Jenny Muriel Wicker (dob February 15, 2018). Unfortunately, Joe passed away on March 1, 2024 and Jane has asked you to handle any necessary probate estate proceedings. Joe's friend George Wilbur (who lives at 7006 E. Bancroft St. Toledo, Ohio 43604) has also offered to assist in way that he can. 2. Joe, an only child, is survived by Jane, John, Jenny, and his Aunt Eloise Wicker (whereabouts unknown). 3. Jane is presently aware of the following assets: 500 shares of ABC Co. stock valued at $100K titled in Joe's name only (the shares were purchased before Joe met Jane); a checking account at Huntington Bank containing $10K titled in Joe's name only; a savings account at Huntington Bank containing $15K titled in both Joe and Jane's names; a home located at 7436 W. Bancroft St. Toledo, Ohio 43615 with a net value of $200K owned by Joe and Jane as joint tenants with right of survivorship; a life insurance policy with MetLife for $100K that names Joe's deceased parents as beneficiaries (this insurance policy is a job benefit-Joe's employer pays the premiuums-and Joe completed the insurance forms before he met Jane and forgot to change the beneficiary designatioin when he got married); a life insurance policy with State Farm for $250,000.00 that names Jane as beneficiary and a 2015 GMC Canyone titled in Joe's name only and valued at $23K. 4. He woulkd like you to review the executed Last Will & Testament and the enaggement letter signed by Jane and then prepare the following Lucas County, Ohio Probate Court forms necessary for a full administration with a last will & testament that can be found on the Probate Court web site (http://lucasco-probate-ct.org/web/guest/home): #1A. New Case Information Statement #1.0 Surviving Spouse, Children, Next of Kin, Legatees and Devisees #2.0 Application to Probate Will #2.3 Entry Admitting Will to Probate #4.0 Application for Authority to Administer #4.5 Entry Appointing Fiduciary; Letters of Authority The forms may not be handwritten. Please reach out to me with questions.
LAST WILL AND TESTAMENT OF JOE VINNY WICKER
I, Joe Vinny Wicker, of Lucas County, Ohio, being of full age and of sound mind and memory, and not under restraint, hereby make, publish and declare this to be my Last Will and Testament, hereby revoking any and all Wills or Codicils by me heretofore made. ARTICLE I I direct that all of my just debts and funeral expenses shall be paid out of my estate as soon after my decease as shall be found convenient. ARTICLE II I give, devise and bequeath my baseball card collection to my friend, George Wilbur in the event that he survives me. ARTICLE III I give, devise and bequeath the rest of my property not disposed of in Article II above, whether real, personal or mixed and wheresoever situated, and of every kind and description, and whether acquired before or after the execution of this Will, to my wife, Jane Constantine Wicker, to be hers, absolutely and forever. ARTICLE IV In the event that my wife does not survive me, I give, devise and bequeath all of my property not disposed of in Article II above, whether real, personal or mixed and wheresoever situated, and of every kind and description, and whether acquired before or after the execution of this Will, equally to my beloved children, or their issue, per stirpes. ARTICLE V I make, nominate and appoint my wife, Jane Constantine Wicker, to be the Executrix of this, my Last Will and Testament. I request that no bond be required of my said Executrix. If my wife, Jane Constantine Wicker, is unwilling or unable to so serve, I nominate my brother, Billy Ernie Wicker, as Alternate Executor and request that such Executor be permitted to serve without bond. A. Rights, Powers, and Duties. My Executor/Executrix shall have, in addition to those powers conferred by law, the following rights, powers, and duties, to be exercised without court approval or other authority as my Executor/Executrix deems best: 1. Rights Over Property. To receive, retain, sell, exchange, invest, and reinvest in any property, real and personal, and any additions or substitutions thereof; to exercise stock and other options and rights belonging to my estate; to borrow money from my Executrix 2 or others, including the right to borrow funds for the purpose of exercising options; to mortgage and pledge property; to compromise, arbitrate, settle, or release claims of or against my estate; to distribute in cash or in kind; to lease for any term or perpetually; to collect rents, repair, improve, insure, and manage real estate; to employ and compensate out of estate funds agents and attorneys; and to execute proxies, powers of attorney, consents, agreements, and all other instruments. 2. Elections. To elect the valuation date for estate tax purposes and to elect to take deductions on estate or income tax returns (with a right but no duty to make adjustments), as may produce the best overall benefits to all my beneficiaries. 3. Ancillary Administration. If in the course of the administration of my estate it becomes necessary or advisable to have an ancillary administration of my estate and my Executor/Executrix is unable or is unwilling to act as ancillary administrator, my Executor/Executrix shall select as such ancillary administrator such individual, bank, or trust company as my Executor/Executrix shall determine (and such determination shall not be subject to question by any beneficiary hereunder or any other person); such ancillary administrator shall serve without bond and shall have all of the rights, powers, duties, and immunities herein conferred upon my Executor/Executrix. 4. Payment of Debts and Taxes. My Executor/Executrix shall pay from the principal of my residuary estate all debts, claims, costs, and expenses as provided by law. My Executor/Executrix shall also pay from the principal of my residuary estate all taxes, state and federal (except any generation-skipping transfer taxes), levied or imposed by reason of my death, including interest and penalties thereon, if any, regardless of whom the same may be assessed against or chargeable to, and shall not seek reimbursement or contribution from any person or property. ARTICLE VI In the event that a guardian is necessary, I nominate, constitute and appoint sister my sister-in-law, Mona Lisa Vito, guardian of the persons and estates of my minor child or children. I direct that no bond or other security be required of my said guardian for the faithful performance of her duties as such guardian. IN TESTIMONY WHEREOF, I have hereunto set my hand at Toledo, Ohio, this 1 st day of January 2019. Joe Vinny Wicker Joe Vinny Wicker 3 The foregoing instrument was signed by Joe Vinny Wicker in our presence and by him published and declared as his Last Will and Testament, and at his request and in his presence we hereunto subscribe our names as attesting witnesses at Toledo, Ohio, this 1st day of January 2019, said Last Will and Testament consisting of three (3) pages. John Gibbons Address: Toledo, Ohio John Gibbons, Esq. Suzanne Sommers Address: Toledo, Ohio Suzanne Sommers
LAW OFFICE OF JOHN GIBBONS, ESQ.
2801 W. Bancroft St.
Toledo, Ohio 43604 March 11, 2024
Jane Constantine Wicker 7436 W. Bancroft St. Toledo, Ohio 43615 RE: Estate of Joe Vinny Wicker Dear Jane: Thank you for contacting me regarding the death of your husband. I offer my sincere sympathy to you. It is my understanding that Joe had a Last Will & Testament nominating you to be the Executrix of his estate. I agree to represent you as Executrix and to provide you with legal services in connection with the administration of Joe's Estate. When legal services are needed, most people have questions about the cost of those services. In anticipation of those questions, and to explain my billing procedures, I have developed this engagement letter. I will counsel and advise you on any related questions or matters arising out of the administration of the estate including: a. Appointment. I will prepare documents related to your appointment. The Probate Court will then appoint you to be the Executrix, and you will receive a certified copy of your Letters of Authority as well as copies of other documents that are filed. The Letters of Authority will indicate that you have been appointed Executrix by the Probate Court. You should present this document whenever you are requested by a third party to verify that you are serving as the Executrix. You should arrange to open a fiduciary checking account in your name as Executrix of the estate. You should then use that account for deposit of any funds that you receive as Executrix for the estate and for the payment of debts, expenses, and other obligations. All transactions relating to the estate should be recorded in this account. b. Inventory. As Executrix of the estate your duty is to collect, determine the value of, and preserve all of the assets which your husband owned and to submit to the Probate Court an inventory of the probate assets that your husband owned. Because the definition of estate for estate tax purposes is much broader than the probate definition, it is also essential to determine the nature and value of all non-probate assets which your husband owned to prepare any necessary Federal Estate Tax Return (Form 706), Fiduciary Tax Return (Form 1041) or related tax documents. c. Account. When the administration of the estate is complete, you must also submit to the Probate Court an accounting of all receipts and disbursements. The accounting will provide a record of all of the transactions that you completed with regard to your husband's probate estate. d. Debts and Obligations. The law in Ohio imposes critical time factors which must be met in reviewing and satisfying claims. Please advise me of all claims or invoices that you receive. e. Closing Estate and Distribution. At the conclusion of the estate proceedings, you will be responsible for distributing the remaining assets to the beneficiaries of the estate. Those distributions will be reported in the account which is filed with the Probate Court. I agree to bill you for my services in accordance with the Fee Schedule attached as Exhibit A. Termination of my services and this agreement is subject to court approval. Subject to that approval: (a) you may terminate this agreement at any time by giving me written notice; (b) I may terminate this agreement at any time provided that I give you at least 15 days written notice. In either case I retain the right to collect all fees and costs still owing at the time of termination. Once your probate administration is completed, my engagement for that purpose will be concluded and our attorney-client relationship will terminate. However, any duty of confidentiality which I owe you under the "attorney-client privilege" will continue. If these terms are acceptable to you, please date and sign this letter and return it to me. Sincerely yours, John Gibbons John Gibbons, Esq. The above terms, including the engagement and fee agreement, are acceptable and are agreed to on behalf of the Estate of Joe Vinny Wicker, deceased. Date: March 12, 2024 Jane Constantine Wicker Jane Constantine Wicker, Executrix
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