Canyon Lake Estate Planning Lawyer, Texas, page 4

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Includes: Gift Taxation

David W. Polise

International, Gift Taxation, Tax
Status:  In Good Standing           Licensed:  35 Years

Sharon Savage

Oil & Gas, Trusts, Estate Planning, Personal Injury
Status:  In Good Standing           Licensed:  42 Years

Wayne R. Mathis

Commercial Real Estate, Wills, Gift Taxation, Business & Trade
Status:  In Good Standing           Licensed:  51 Years

Justin A. Coquat

Wills & Probate, Trusts, Estate Planning, Estate
Licensed:  21 Years

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Carl J. Mangine

Wills & Probate, Estate Planning, Guardianships & Conservatorships, Elder Law
Status:  In Good Standing           Licensed:  21 Years

Steven Arthur Wilson

International, Gift Taxation, Tax
Status:  In Good Standing           Licensed:  40 Years

Jacob J. Pitre

Commercial Real Estate, Real Estate, International, Gift Taxation
Status:  In Good Standing           Licensed:  22 Years

Jacob J. Pitre

Commercial Real Estate, International, Gift Taxation, Divorce & Family Law
Status:  In Good Standing           Licensed:  22 Years

Cassie Willford Gresham

Commercial Real Estate, Wills, Gift Taxation, Products Liability
Status:  In Good Standing           Licensed:  20 Years

Robert Carl Pfullmann

General Practice
Status:  Inactive           Licensed:  26 Years

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Free Help: Use This Form or Call 800-943-8690

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LEGAL TERMS

ADMINISTRATION (OF AN ESTATE)

The court-supervised distribution of the probate estate of a deceased person. If there is a will that names an executor, that person manages the distribution. I... (more...)
The court-supervised distribution of the probate estate of a deceased person. If there is a will that names an executor, that person manages the distribution. If not, the court appoints someone, who is generally known as the administrator. In some states, the person is called the 'personal representative' in either instance.

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.

INTER VIVOS TRUST

The Latin name, favored by some lawyers, for a living trust. 'Inter vivos' is Latin for 'between the living.'

POWER OF APPOINTMENT

The legal authority to decide who will receive someone else's property, usually property held in a trust. Most trustees can distribute the income from a trust o... (more...)
The legal authority to decide who will receive someone else's property, usually property held in a trust. Most trustees can distribute the income from a trust only according to the terms of the trust, but a trustee with a power of appointment can choose the beneficiaries, sometimes from a list of candidates specified by the grantor. For example, Karin creates a trust with power of appointment to benefit either the local art museum, symphony, library or park, depending on the trustee's assessment of need.

DOWER AND CURTESY

A surviving spouse's right to receive a set portion of the deceased spouse's estate -- usually one-third to one-half. Dower (not to be confused with a 'dowry') ... (more...)
A surviving spouse's right to receive a set portion of the deceased spouse's estate -- usually one-third to one-half. Dower (not to be confused with a 'dowry') refers to the portion to which a surviving wife is entitled, while curtesy refers to what a man may claim. Until recently, these amounts differed in a number of states. However, because discrimination on the basis of sex is now illegal in most cases, most states have abolished dower and curtesy and generally provide the same benefits regardless of sex -- and this amount is often known simply as the statutory share. Under certain circumstances, a living spouse may not be able to sell or convey property that is subject to the other spouse's dower and curtesy or statutory share rights.

ABATEMENT

A reduction. After a death, abatement occurs if the deceased person didn't leave enough property to fulfill all the bequests made in the will and meet other exp... (more...)
A reduction. After a death, abatement occurs if the deceased person didn't leave enough property to fulfill all the bequests made in the will and meet other expenses. Gifts left in the will are cut back in order to pay taxes, satisfy debts or take care of other gifts that are given priority under law or by the will itself.

DEED OF TRUST

See trust deed.

IN TERROREM

Latin meaning 'in fear.' This phrase is used to describe provisions in contracts or wills meant to scare a person into complying with the terms of the agreement... (more...)
Latin meaning 'in fear.' This phrase is used to describe provisions in contracts or wills meant to scare a person into complying with the terms of the agreement. For example, a will might state that an heir will forfeit her inheritance if she challenges the validity of the will. Of course, if the will is challenged and found to be invalid, then the clause itself is also invalid and the heir takes whatever she would have inherited if there were no will.

SUMMARY PROBATE

A relatively simple probate proceeding available for 'small estates,' as that term is defined by state law. Every state's definition is different, and many are ... (more...)
A relatively simple probate proceeding available for 'small estates,' as that term is defined by state law. Every state's definition is different, and many are complicated, but a few examples include estates worth up to $100,000 in California; New York estates where property, excluding real estate and amounts that must be set aside for surviving family members, is worth $20,000 or less; and Texas estates where the value of property doesn't exceed what is needed to pay a family allowance and certain creditors.

SAMPLE LEGAL CASES

Smith v. O'DONNELL

... 192 SW3d 780 (Tex.2006). 234 SW3d 135, 138. In Belt, we held that an executor was in privity with the decedent's attorneys and could sue them for estate-planning malpractice. 192 SW3d at 787. A prior case, Barcelo v. Elliott ...

In re Townley Bypass Unified Credit Trust

252 SW3d 715 (2008). In re TOWNLEY BYPASS UNIFIED CREDIT TRUST. No. 06-07-00025-CV. Court of Appeals of Texas, Texarkana. Submitted February 13, 2008. Decided April 9, 2008. 717 William E. Wylie, William E. Wylie ...

In re Estate of Henry

... in the 1996 revocable living trust agreement. In 2004, Thomas Henry and Ms. Henry met with Warren Nystrom, an attorney whose practice included estate planning and preparation of wills. On October 19, 2004, at the office ...