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SUO LGS2003 Petition for Summary Administration Case Analysis
Mary Hunt Petition Case Assignment
Order ID 53563633773 Type Essay Writer Level Masters Style APA Sources/References 4 Language English Pages 5-10 pages Description/Paper Instructions
A Petition for Summary Administration is a document that is submitted to the Court upon a person’s passing, but only in certain circumstances. What are those circumstances? Does Mary’s estate meet these requirements or should another form of administration be considered?
Mary Hunt’s sister, Caroline Fuqua, visits your supervising attorney’s office to inform that Mary, age 50, died at her home—156 Victory Drive, Tallahassee, Florida 32306—from a sudden brain aneurysm on November 14, 2004. Mary was in the process of funding her trust at the time of her death. She had not transferred the following assets to her trust:
2002 Toyota
A checking account with a balance of $4,635
Stock representing 1 share of Walt Disney Company stock
Mary’s final paycheck, amounting to $2,695
Mary was a Florida resident. Mary’s social security number is 123-56-7890. Caroline Fuqua’s address is 89653 RR 2, Port St. Joe, Florida 32456. Mary was debt free at the time of her death. Your supervising attorney asks you to prepare a Petition for Summary Administration.
IN THE CIRCUIT COURT FOR _______________ COUNTY, FLORIDA
IN RE: ESTATE OF
__________________, Deceased.
File Number:
Probate Division:
______________________________/
PETITION FOR SUMMARY ADMINISTRATION
Petitioner, , alleges as follows:
- Petitioner has an interest in the above estate as . Petitioner’s address is and the name and office address of the petitioner’s attorney are set forth at the end of this petition.
- Decedent, ________________________________________, whose last known address was , whose age was ______________ and whose social security number is , died on ___________________________ at , and on his/her date of death the decedent was domiciled in ________________________ County, Florida.
- So far as is known, the names of the beneficiaries of this estate and of the decedent’s surviving spouse, if any, their addresses and relationship to the decedent, and the dates of birth of any who are minors, are:
NAME ADDRESS RELATIONSHIP DATE OF BIRTH (if Minor)
- Venue of this proceeding is in this county because this is the county where the decedent was domiciled OR this is the county where the decedent was possessed of property OR this is the county where a debtor of the decedent resides.[1]
- The original of the decedent’s Last Will and Testament, dated accompanies this petition.
- Petitioner is unaware of any unrevoked will or codicil of the decedent other than as set forth in paragraph 5.
- Petitioner is entitled to summary administration because:
- The decedent’s Last Will and Testament does not direct administration as required by Chapter 733 of the Florida Probate Code.
- To the best knowledge of the petitioner, the value of the entire estate subject to administration in this state, less the value of property exempt from the claims of creditors, does not exceed $75,000 [strike out if not applicable].
- The decedent has been dead for more than two years [strike out if not applicable].
- The following is a complete list of the assets in this estate and their estimated values, together with those assets claimed to be exempt [separately designate homestead and exempt property]:
Assets Estimated Value
- With respect to claims of creditors: [Strike out each statement that is not applicable.]
- All claims of creditors are barred.
- The estate is not indebted.
- The estate is indebted and provision for the payment of debts and the information required by Rule 5.530 of the Florida Probate Rules is as set forth on the attached schedule.
- It is proposed that all assets of the decedent, including exempt property, be distributed to the following:
Name Asset, Share, or Amount
Petitioner waives notice of hearing on this petition and requests that the decedent’s Last Will and Testament be admitted to probate and an Order of Summary Administration be entered directing distribution of the assets in the estate in accordance with the schedule set forth in paragraph 10 of this petition.
Under penalties of perjury, I declare that I have read the foregoing, and the facts alleged are true, to the best of my knowledge and belief.
Signed on , 2005.
___________________, Petitioner
________________________________
Denise K. Linne
Attorney for Petitioner
Florida Bar No. 12345690
125 West Pensacola Street
Tallahassee, FL 32391-3010
850/555-5555
733.101, Florida Statutes.
RUBRIC
Quality of Response No Response Poor/Unsatisfactory Satisfactory Good Excellent Content (worth a maximum of 50% of the total points) Zero points: Student failed to submit the final paper. 20 points out of 50: The essay illustrates poor understanding of the relevant material by failing to address or incorrectly addressing the relevant content; failing to identify or inaccurately explaining/defining key concepts/ideas; ignoring or incorrectly explaining key points/claims and the reasoning behind them; and/or incorrectly or inappropriately using terminology; and elements of the response are lacking. 30 points out of 50: The essay illustrates a rudimentary understanding of the relevant material by mentioning but not full explaining the relevant content; identifying some of the key concepts/ideas though failing to fully or accurately explain many of them; using terminology, though sometimes inaccurately or inappropriately; and/or incorporating some key claims/points but failing to explain the reasoning behind them or doing so inaccurately. Elements of the required response may also be lacking. 40 points out of 50: The essay illustrates solid understanding of the relevant material by correctly addressing most of the relevant content; identifying and explaining most of the key concepts/ideas; using correct terminology; explaining the reasoning behind most of the key points/claims; and/or where necessary or useful, substantiating some points with accurate examples. The answer is complete. 50 points: The essay illustrates exemplary understanding of the relevant material by thoroughly and correctly addressing the relevant content; identifying and explaining all of the key concepts/ideas; using correct terminology explaining the reasoning behind key points/claims and substantiating, as necessary/useful, points with several accurate and illuminating examples. No aspects of the required answer are missing. Use of Sources (worth a maximum of 20% of the total points). Zero points: Student failed to include citations and/or references. Or the student failed to submit a final paper. 5 out 20 points: Sources are seldom cited to support statements and/or format of citations are not recognizable as APA 6th Edition format. There are major errors in the formation of the references and citations. And/or there is a major reliance on highly questionable. The Student fails to provide an adequate synthesis of research collected for the paper. 10 out 20 points: References to scholarly sources are occasionally given; many statements seem unsubstantiated. Frequent errors in APA 6th Edition format, leaving the reader confused about the source of the information. There are significant errors of the formation in the references and citations. And/or there is a significant use of highly questionable sources. 15 out 20 points: Credible Scholarly sources are used effectively support claims and are, for the most part, clear and fairly represented. APA 6th Edition is used with only a few minor errors. There are minor errors in reference and/or citations. And/or there is some use of questionable sources. 20 points: Credible scholarly sources are used to give compelling evidence to support claims and are clearly and fairly represented. APA 6th Edition format is used accurately and consistently. The student uses above the maximum required references in the development of the assignment. Grammar (worth maximum of 20% of total points) Zero points: Student failed to submit the final paper. 5 points out of 20: The paper does not communicate ideas/points clearly due to inappropriate use of terminology and vague language; thoughts and sentences are disjointed or incomprehensible; organization lacking; and/or numerous grammatical, spelling/punctuation errors 10 points out 20: The paper is often unclear and difficult to follow due to some inappropriate terminology and/or vague language; ideas may be fragmented, wandering and/or repetitive; poor organization; and/or some grammatical, spelling, punctuation errors 15 points out of 20: The paper is mostly clear as a result of appropriate use of terminology and minimal vagueness; no tangents and no repetition; fairly good organization; almost perfect grammar, spelling, punctuation, and word usage. 20 points: The paper is clear, concise, and a pleasure to read as a result of appropriate and precise use of terminology; total coherence of thoughts and presentation and logical organization; and the essay is error free. Structure of the Paper (worth 10% of total points) Zero points: Student failed to submit the final paper. 3 points out of 10: Student needs to develop better formatting skills. The paper omits significant structural elements required for and APA 6th edition paper. Formatting of the paper has major flaws. The paper does not conform to APA 6th edition requirements whatsoever. 5 points out of 10: Appearance of final paper demonstrates the student’s limited ability to format the paper. There are significant errors in formatting and/or the total omission of major components of an APA 6th edition paper. The can include the omission of the cover page, abstract, and page numbers. Additionally the page has major formatting issues with spacing or paragraph formation. Font size might not conform to size requirements. The student also significantly writes too large or too short of and paper 7 points out of 10: Research paper presents an above-average use of formatting skills. The paper has slight errors within the paper. This can include small errors or omissions with the cover page, abstract, page number, and headers. There could be also slight formatting issues with the document spacing or the font Additionally the paper might slightly exceed or undershoot the specific number of required written pages for the assignment. 10 points: Student provides a high-caliber, formatted paper. This includes an APA 6th edition cover page, abstract, page number, headers and is double spaced in 12’ Times Roman Font. Additionally the paper conforms to the specific number of required written pages and neither goes over or under the specified length of the paper.
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