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Timmy McClain
About | Practice Areas
McClain Law Firm, PA
P.O. Box 536387 Orlando, FL 32853» view map
Estate Law
A Law Firm That Cares

Let McClain Law Firm, PA handle all your Estate Planning needs today!

800-908-6270
1. Timmy McClain Orlando, FL
  Attorney at Law, FL
  Barry University School of Law, J.D. 2002
2. AboutMcClain Law Firm, PA
  A Law Firm That Cares
3. Practice AreasExpertise
  Estate Law
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Stephen W. Johnson

Estate Planning, Contract, Employment, Trusts, Wills

Status: In Good Standing

CONTACT

1000 West Main Street, Leesburg, FL 34748

Adam Hendershot

Estate Planning, Family Law, Commercial Real Estate, Trusts, Estate

Status: In Good Standing Licensed: 14 Years

CONTACT

Mount Dora, FL 32756

Alyson Grace Morelli

Commercial Real Estate, Land Use & Zoning, Trusts, Elder Law

Status: In Good Standing

CONTACT

107 E Church St, Deland, FL 32724

Ashley Scot Hunt

Trusts, Family Law, Civil Rights, Corporate

Status: In Good Standing Licensed: 20 Years

CONTACT

601 S 9Th St, Leesburg, FL 34748

Astrid M Elisabeth De Parry

Land Use & Zoning, Trusts, Elder Law, Corporate

Status: In Good Standing

CONTACT

107 East Church St, Deland, FL 32724

Barbara Myers Cowherd

Wills & Probate, Trusts, Estate Planning, Civil & Human Rights

Status: In Good Standing Licensed: 24 Years

CONTACT

5007 Greenbriar Trl, Mount Dora, FL 32757

Brett Thomson Bradford

Power of Attorney, Landlord-Tenant, Defect and Lemon Law, Trusts, Estate

Status: In Good Standing

CONTACT

Fruitland Park, FL 34731

Brett Lewis Swigert

Mediation, Trusts, Elder Law, Corporate

Status: In Good Standing Licensed: 34 Years

CONTACT

Eustis, FL 32727

Chad A Shimel

Commercial Real Estate, Trusts, Guardianships & Conservatorships, Divorce & Family Law

Status: In Good Standing Licensed: 18 Years

CONTACT

1190 Business Center Dr, Lake Mary, FL 32746

Christi R Romero

Contract, Civil Rights, Trusts, Commercial Real Estate

Status: In Good Standing Licensed: 28 Years

CONTACT

601 S 9Th St, Leesburg, FL 34748

800-923-0641

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LEGAL TERMS

PER CAPITA

Under a will, the most common method of determining what share of property each beneficiary gets when one of the beneficiaries dies before the willmaker, leavin... (more...)

Under a will, the most common method of determining what share of property each beneficiary gets when one of the beneficiaries dies before the willmaker, leaving children of his or her own. For example, Fred leaves his house jointly to his son Alan and his daughter Julie. But Alan dies before Fred, leaving two young children. If Fred's will states that heirs of a deceased beneficiary are to receive the property per capita, Julie and the two grandchildren will each take a third. If, on the other hand, Fred's will states that heirs of a deceased beneficiary are to receive the property per stirpes, Julie will receive one-half of the property, and Alan's two children will share his half in equal shares (through Alan by right of representation).

DISINHERIT

To deliberately prevent someone from inheriting something. This is usually done by a provision in a will stating that someone who would ordinarily inherit prope... (more...)

To deliberately prevent someone from inheriting something. This is usually done by a provision in a will stating that someone who would ordinarily inherit property -- a close family member, for example -- should not receive it. In most states, you cannot completely disinherit your spouse; a surviving spouse has the right to claim a portion (usually one-third to one-half) of the deceased spouse's estate. With a few exceptions, however, you can expressly disinherit children.

LIVING TRUST

A trust you can set up during your life. Living trusts are an excellent way to avoid the cost and hassle of probate because the property you transfer into the t... (more...)

A trust you can set up during your life. Living trusts are an excellent way to avoid the cost and hassle of probate because the property you transfer into the trust during your life passes directly to the trust beneficiaries after you die, without court involvement. The successor trustee--the person you appoint to handle the trust after your death--simply transfers ownership to the beneficiaries you named in the trust. Living trusts are also called 'inter vivos trusts.'

UNIFORM TRANSFER-ON-DEATH SECURITY ACT

A statute that allows people to name a beneficiary to inherit stocks or bonds without probate. The owner of the securities can register them with a broker using... (more...)

A statute that allows people to name a beneficiary to inherit stocks or bonds without probate. The owner of the securities can register them with a broker using a simple form that names a person to receive the property after the owner's death. Every state but Texas has adopted the statute.

SPENDTHRIFT TRUST

A trust created for a beneficiary the grantor considers irresponsible about money. The trustee keeps control of the trust income, doling out money to the benefi... (more...)

A trust created for a beneficiary the grantor considers irresponsible about money. The trustee keeps control of the trust income, doling out money to the beneficiary as needed, and sometimes paying third parties (creditors, for example) on the beneficiary's behalf, bypassing the beneficiary completely. Spendthrift trusts typically contain a provision prohibiting creditors from seizing the trust fund to satisfy the beneficiary's debts. These trusts are legal in most states, even though creditors hate them.

ACCUMULATION TRUST

A trust in which the income is retained and not paid out to beneficiaries until certain conditions are met. For example, if Uncle Pierre creates a trust for Nic... (more...)

A trust in which the income is retained and not paid out to beneficiaries until certain conditions are met. For example, if Uncle Pierre creates a trust for Nick's benefit but stipulates that Nick will not get a penny until he gets a Ph.D. in French; Nick is the beneficiary of an accumulation trust.

TRUSTEE POWERS

The provisions in a trust document defining what the trustee may and may not do.

SECONDARY MEANING

In trademark law, a mark that is not inherently distinctive becomes protected after developing a 'secondary meaning': great public recognition through long use ... (more...)

In trademark law, a mark that is not inherently distinctive becomes protected after developing a 'secondary meaning': great public recognition through long use and exposure in the marketplace. For example, though first names are not generally considered inherently distinctive, Ben & Jerry's Ice Cream has become so well known that it is now entitled to maximum trademark protection.

EXEMPTION TRUST

A bypass trust funded with an amount no larger than the personal federal estate tax exemption in the year of death. If the trust grantor leaves property worth m... (more...)

A bypass trust funded with an amount no larger than the personal federal estate tax exemption in the year of death. If the trust grantor leaves property worth more than that amount, it usually goes to the surviving spouse. The trust property passes free from estate tax because of the personal exemption, and the rest is shielded from tax under the surviving spouse's marital deduction.

SAMPLE LEGAL CASES

Doe v. Doe

... [1] The trusts administered by the Trustees include class gifts to the grandchildren of the settlors, Chester P. Doe, Jr. (Chester Jr.) and Eleanor Warren Doe (Eleanor). ... I. THE FACTS. A. The Trusts. On June 28, 1988, Chester Jr. ...

Parker v. Shullman

... Each of these trusts had sub-trusts for her daughter Lauri and granddaughter Cassie. Barbara designated 645 Shullman as the successor trustee of all of the trusts. ... When Barbara died, Shullman became trustee of the trusts. ...

Timmons v. Ingrahm

... In his will, Frank Sr. created two trusts: the Timmons Family Trust ("Family Trust") and the Timmons Marital Trust ("Marital Trust"). [1] The Timmons Family Trust was valued at $650,000. ... Myrtle was the sole income beneficiary of the trusts during her lifetime. ...

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Altoona Trusts Lawyer, Florida

Sponsored Law Firm

McClain Law Firm, PA

SPONSORED LAWYERS

Stephen W. Johnson

Adam Hendershot

Alyson Grace Morelli

Ashley Scot Hunt

Astrid M Elisabeth De Parry

Barbara Myers Cowherd

Brett Thomson Bradford

Brett Lewis Swigert

Chad A Shimel

Christi R Romero

TIPS

LEGAL TERMS

PER CAPITA

DISINHERIT

LIVING TRUST

UNIFORM TRANSFER-ON-DEATH SECURITY ACT

SPENDTHRIFT TRUST

ACCUMULATION TRUST

TRUSTEE POWERS

SECONDARY MEANING

EXEMPTION TRUST

SAMPLE LEGAL CASES

Doe v. Doe

Parker v. Shullman

Timmons v. Ingrahm

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