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RPPT Real Property Probate and Trust
RPPT Remote PowerPoint Presentation Tool
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RPPT Real Property Probate and Trust
Probate is the legal process of settling the estate of a deceased person, specifically resolving all claims and distributing the decedent's property.
The etymology of "probate" stems from Latin, old French. and old English words with somewhat different meanings. The earliest definition, dated to 1463, means the "official proving of a will," and originates from the Classical Latin word probatus, meaning "a thing proved". This is the past participle of probāre, which means "to try, test, prove" or "prove to be worthy". It also traces its roots to the old french word prouwe, dated circa 1175, or prover, and is related to the English word "prove". The term "probative," used in the law of evidence, comes from the same Latin root but has a different English usage.

Commonwealth

In England and Wales, Ireland (N. and éire) and Commonwealth countries, and some U.S. states, probate ("official proving of a will") is obtained by executors of a will while Letters of Administration are granted where there are no executors.

Probate in the United States
This article or section relies largely or entirely upon a single source.
Please help improve this article by introducing appropriate citations of additional sources.
In some states, after a person residing in that state has died without a valid will or trust, his or her property immediately becomes the property of the spouse, if any, without the need for probate. (This is the case in states that recognize a married couple's property as community property or as tenancy by the entireties.) However, in cases where the surviving spouse does not automatically succeed to the decedent's property, then it is usually necessary to "probate the estate", whether or not the decedent had a valid will. A court having jurisdiction of the decedent's estate (often called a "probate court") supervises probate, in order to ensure the decedent's property is distributed according to the direction of his will and the laws of the state.

The will usually names an executor, a person tasked with carrying out the instructions laid out in the will. The executor's most common task is the marshalling of the decedent's assets throughout the probate process. If there is no will, or if the will does not name an executor, then the probate or other court having jurisdiction of the decedent's estate can appoint one. Traditionally, the representative of an intestate estate is called an administrator. In some cases, where the person named as executor cannot or will not be able to handle the work, or wishes to have someone else handle the work, another person will be named as administrator. Generally, an executor is a person named in the will who receives something from the proceeds of the estate in addition to following the instructions in the will, while an administrator is not named in the will to be a recipient of the proceeds of the estate.

The representative of a testate estate who is someone other than the executor named in the will is an administrator with the will annexed, or administrator c.t.a. (from the Latin cum testamento annexo.) The generic term for executors or administrators is personal representative.

Steps of probate

Some of the decedent's property may never enter probate because it passes to another person contractually, such as the death proceeds of an insurance policy insuring the decedent or bank account that names a beneficiary or is owned as "payable on death", and property (usually, again, a bank account) legally held as "jointly owned with right of survivorship". Property held in a living trust also avoids probate. In these cases, the personal representative provides documentation to the court, and the property is prevented from entering probate.

The first task of the personal representative after opening the probate case with the court is to inventory and collect the decedent's property.

Next, the personal representative pays any debts and taxes that must be paid.

Finally, the personal representative distributes the remaining property to the decedent's beneficiaries, either as instructed in the will, or per the intestacy laws of the state.

Throughout this process there may be disputes. Anyone may make a claim on the estate, either by petitioning the personal representative or the court. If the claim is rejected, the claimant may file a lawsuit to attempt to prove the claim and collect money. Any dispute generally causes the court to treat the probate more formally, and it may reach the point where the court must approve every transfer of every piece of property.

The personal representative must understand and abide by the fiduciary duties (e.g., duty to keep monies in interest bearing account, duty to treat all beneficiaries equally, etc.) placed on him or her. Disregard of the fiduciary duties may allow interested persons to petition for the removal of the personal representative and hold the personal representative liable for any harm to the estate.

Avoiding probate

Probate generally lasts several months, occasionally over a year before all the property can be distributed, and incur substantial court and attorney costs. One of the many ways to avoid probate is to execute a living trust. This is a separate entity to which a person transfers ownership of his real property (house, etc.,) from himself to a trust which he controls and can revise at any time (except in the case of an irrevocable trust.) Upon death, the persons named as beneficiaries in the trust acquire ownership of it and, therefore, the property the trust owns. As probate is a public process, a living trust has the added advantage of preserving the privacy of the deceased and his heirs as well as avoiding some estate tax.

Life insurance, savings accounts, and joint tenancies with the right of survivorship are some of the other ways people use to avoid probate.

Avoiding probate does not necessarily mean estate taxes have also been avoided. The laws imposing the federal estate tax have been modified to include within the definition of the person's taxable estate, property held in a living trust, life insurance, "payable on death" or "transfer on death" financial instruments, and most other property which is transferred from a dead person to a living person in consequence of the death. Inter vivos trusts can reduce estate taxes if they are properly structured, but that is not related to the avoidance of probate. Generally, to avoid an estate/inheritance tax, a person must give it away irrevocably or leave it to a qualified charity. However the use of credit shelter trusts (also called AB trusts) can allow a married couple to preserve both unified credits, allowing up to twice the total estate to pass to heirs without estate tax. This may reduce or eliminate the total tax the couple would have otherwise paid.

Probate under English and Welsh law

When someone dies, issuing the legal document to the executor or other administrator to give them authority to deal with their estate is known as probate. The grant of representation is issued by the Probate Registry. If there is a will but no executor letters of administration are issued instead.

It is not always necessary to obtain a grant of probate; some organisations including many insurance companies, banks and building societies will release funds to the executor of the will without seeing a grant of probate if the amount is small and the situation is not complex.

For an explanation of the intestacy probate process in England and Wales, see Administration of an estate on death.

The American Bar Association (ABA), founded August 21, 1878 , is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. The ABA's most important stated activities are the setting of academic standards for law schools, and the formulation of model ethical codes related to the legal profession. The ABA has 410,000 members.

Model ethical standards for lawyers

The most important role of the ABA is its creation and maintenance of a code of ethical standards for lawyers. The Model Code of Professional Responsibility (1969) and/or the newer Model Rules of Professional Conduct (1983) have been adopted in 49 state jurisdictions and the District of Columbia. The one exception is California, which has refused to adopt either (see State Bar of California), although a few sections of the California Rules of Professional Responsibility have similarities with sections in the ABA model.

Accreditation of law schools

According to the ABA, it "provides law school accreditation, continuing legal education, information about the law, programs to assist lawyers and judges in their work, and initiatives to improve the legal system for the public. The Mission of the American Bar Association is to be the national representative of the legal profession, serving the public and the profession by promoting justice, professional excellence and respect for the law."

ABA accreditation is important not only because it affects the recognition of the law schools involved, but it also impacts a graduate's ability to practice law in a particular state. Specifically, in most jurisdictions, graduation from an ABA-accredited law school is expressly stated as a prerequisite towards being allowed to sit for that state's bar exam, and even for existing lawyers to be admitted to the bar of another state upon motion. Even states which recognize unaccredited schools within its borders will generally not recognize such schools from other jurisdictions for purposes of bar admission.

The United States has accused the ABA of violating Section 1 of the Sherman Act in its accreditation proceedings, resulting in a consent decree in 1995.

Publications

The Association publishes a general magazine for all members, the ABA Journal. ABA members may also join subject-specific "sections," and each section publishes a variety of newsletters and magazines for its members (such as Law Practice Magazine published by the Law Practice Management Section). The sections also hold their own meetings.

Each section will normally have a publication program that includes (1) books, usually oriented toward practitioners; (2) scholarly journals, such as Administrative Law Review (published by the ABA Section of Administrative Law & Regulatory Practice and The American University Washington College of Law) and The International Lawyer (published by the ABA Section of International Law and SMU Dedman School of Law); (3) newsletters, such as The International Law News (published by the ABA Section of International Law); (4) e-publications, such as a monthly message from the section chair, or updates on substantive law developments; and (5) committee publications, such as a committee newsletter published by one of the substantive law committees.

Governing bodies and leaders

The ABA has a House of Delegates which acts as the organization's primary body for adopting new policies and recommendations as part of the association's official position.

In 1995 Roberta Cooper Ramo became the first woman president of the American Bar Association since its inception in 1878.

Recent ABA Presidents

List of Presidents of the American Bar Association

* 2000-2001: Martha Barnett
* 2002-2003: Alfred P. Carlton, Jr.
* 2003-2004: Dennis W. Archer (first African-American president)
* 2004-2005: Robert J. Grey, Jr. of Richmond, Virginia
* 2005-2006: Michael S. Greco of Boston, Massachusetts (first foreign-born president)
* 2006-2007: Karen J. Mathis
* 2007-2008: William H. Neukom

Rating of judicial nominees

For decades, the ABA has participated in the federal judicial nomination process by vetting nominees and giving them a rating ranging from "not qualified" to "well qualified." The process has been accused by some (including the Federalist Society) of having a liberal bias. For example, the ABA gave Ronald Reagan's judicial nominees Richard Posner and Frank H. Easterbrook low "qualified/not qualified" ratings; later, the ABA gave Bill Clinton judicial nominees with similar resumes "well qualified" ratings. Meanwhile, Judges Posner and Easterbrook have gone on to become the two most highly-cited judges in the federal appellate judiciary.

In 2001, the George W. Bush administration announced that it would cease cooperating with the ABA in advance of judicial nominations. The ABA continues to rate nominees. In 2005, the ABA gave John Roberts, George W. Bush's nomination for Chief Justice of the Supreme Court, a unanimous "well-qualified" rating. It also gave a unanimous "well qualified" rating to appellate court nominee Miguel Estrada, who never took his seat because his nomination was filibustered. However, it gave only a "qualified/not-qualified" rating to nominee Janice Rogers Brown. In 2006, the ABA gave a unanimous "well-qualified" rating to Judge Samuel Alito, Bush's appointee for Sandra Day O'Connor's Associate Justice position.

ABA claims regarding Constitutional violations by the Bush Administration

In July 2006, an ABA task force under then President Michael S. Greco released a report that concluded that George W. Bush's use of "signing statements" violates the Constitution. These are documents attached by the President to bills he signs, in which he states that he will enforce the new law only to the extent that he feels the law conforms to his interpretation of the Constitution.

Criticisms of the ABA

The ABA has been criticized for perceived elitism and overrepresentation of white male corporate defense lawyers among its membership; in 1925, African-American lawyers formed the National Bar Association at a time when ABA would not allow them to be members.

However, since the 1960s, the ABA has made great strides in increasing the diversity of its membership. Its membership has grown from less than 11 percent of all American lawyers to roughly 50 percent today. In recent years, the ABA has also drawn some criticism, mainly from the conservative side of the political spectrum, for taking positions on controversial public policy topics such as abortion, capital punishment and gun control . The ABA's official position in favor of abortion rights led to the formation of a (much smaller) alternative organization for lawyers, the National Lawyers Association. The Federalist Society sponsors a twice-a-year publication called "ABA Watch" that reports on the political activities of the ABA.

There are heated debates over requirements placed on law schools by the ABA. Many states and practitioners believe ABA requirements to be unnecessary and costly. Some legal professionals and academics feel these requirements promote the rising cost of tuition.
 

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Are you interested in mult-player online internet games? Such as runescape and neopets?Internet Game Online-games, tips, cheats and kids forumsAnother good forum is the Internet Junction For Gamers IJFG.COM Internet Junction For Gamers, Runescape Market and More IJFG.COM Jokes, Pranks, Runescape and other cool games at IJFG.COM. RuneScape is set in a medieval fantasy world, similar to "Guild Wars" or "EverQuest", where players control character representations of themselves. As with most massive multiplayer online roleplaying games (MMORPG), there is no overall objective or end to the game. Players explore, form alliances, perform optional tasks, and complete quests for rewards and to build character's skills.

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RuneScape has often been one of the top massive online role playing games. It is a unique game. But, with a unique game, comes unique players. Players get bored, and then try to develop cheats....autos or bots that will help them achieve success in their beloved games of Runescape 2.

RuneScape is a virtual world which is divided into two part: Members Areas and Non-Members areas. People who pay to play (p2p), receive access to the special areas. They also have access to the free areas. The members' places are much larger, offer "better" items for the gameplay of rs2, and much, much more. The character that you create when you first start playing runescape, moves around the game on foot; either by running, or walking. Players are challenged to their utmost skills by fighting new monsters, completing difficult quests, and manipulating marketing. As Runescape 2 is an RPG (Role playing game), there is no set path a person must take to play rs. They can choose what to do, and when, whether it be training their money-making skills, or fighting another player. Players usually interact with each other by chatting through public chat, or private chat.Internet Junction For Gamers, Runescape Market and More IJFG.COM IJFG.com was a runescape 2 based site. They have now, however, taken another look....

Of course the king of all game cheating websites is trick the trik (otherwise known as RPG Cheats Site), where you can find cheat forums, mmorpg topsite, arcade games and any mmo game related topics.

The master of massive multiplayer online role-playing games (MMORPG) cheats can be found at Trik.com Trik.com; this site is one of the best today. The forum section, Trik.com forum, originally came from IJFG.com (Internet Junction For Gamers) , which was one of the best websites that discussed various gamers' issues. The full name was Internet Junction For Gamers, Runescape Market and More. This site had Jokes, Pranks, RuneScape and other cool games. RuneScape is set in a medieval fantasy world, similar to "Guild Wars" or "EverQuest," where players control character representations of themselves. As with most MMORPG, there is no overall objective or end to the game. Players explore, form alliances, perform optional tasks, and complete quests for rewards and to build characters' skills.

Trik.com continues IJFG.com's success, but Trik.com has more to offer. Trik Topsite can be found at Trik Topsite; the TopSite is a great addition if you want to find the best MMO RPG site(s) or raise your site in the rankings. Trik.com also has a viciously competitive Arcade. If you want to be the #1 Arcade on Trik, then come prove yourself at Trik.com arcade: Trik arcade.  Trik.com ?Trik.com/topsite ?Trik.com/forum/arcade.php

With the rising popularity of commercial MMORPG games came the desire from ardent players of these games to run their own servers beside the ones run by the game's creator. Since the original server software is not usually available, the behavior of the server has to be re-engineered. This can be done by analyzing the data stream with the original server, or by disassembling and analyzing the client which is available.

Ultima Online was one of the first large MMORPGs. Due to its openness in implementation, server emulators arose very quickly, even during the beta stage of development. The destination to which the client connects was changeable by simply editing a text file. In beta stage the client-server data stream was not encrypted yet. The term server emulator became known through Ultima Online server reimplementation such as UOX, which was the pioneer. Many forks and reimplementations followed UOX, because its source code was released under the GNU General Public License relatively early. RunUO is today the most widely used UO-server emulator. After RuneScape implemented anti-cheating measures, many gamers left and started their own private servers. The best place to discuss the private server is at Trik- The Master of Private Server.
 

Another useful site is Rune Web ruwb.com . This site is about more serious RuneScape gold trading, account exchange, gold for real life cash and many services. It includes tips on how to avoid getting lured/scammed while using the marketplace. For programming, visual basics, java, C/C++, scar and all other languages such as PHP, HTML, ASP, Delphi. There are also sections for graphics talents, plus many cool videos and fun stuff.

A defining moment in internet gaming history was when a group of gamers called (hygo 7) decided to start an ultimate game forum, which they named hygo.com. It has the best financial backing, the friendliest game community, and the highest quality of information. Currently Hygo.com has entered a new phase...Hygo.com is offering the best private server game. With thousands of members, Hygo.com is your next place to visit, as they have an amazing game with a community and economy. Hygo.com - The Online Adventure Game. is definitely one of the top sites you want to join right now!

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