Chatfield Estate Planning Lawyer, Ohio, page 3

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Family Law, Trusts, Commercial Real Estate, Estate Planning
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Free Help: Use This Form or Call 800-814-6700

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LEGAL TERMS

STATUTORY SHARE

The portion of a deceased person's estate that a spouse is entitled to claim under state law. The statutory share is usually one-third or one-half of the deceas... (more...)
The portion of a deceased person's estate that a spouse is entitled to claim under state law. The statutory share is usually one-third or one-half of the deceased spouse's property, but in some states the exact amount of the spouse's share depends on whether or not the couple has young children and, in a few states, on how long the couple was married. In most states, if the deceased spouse left a will, the surviving spouse must choose either what the will provides or the statutory share. Sometimes the statutory share is known by its more arcane legal name, dower and curtesy, or as a forced or elective share.

PRETERMITTED HEIR

A child or spouse who is not mentioned in a will and whom the court believes was accidentally overlooked by the person who made the will. For example, a child b... (more...)
A child or spouse who is not mentioned in a will and whom the court believes was accidentally overlooked by the person who made the will. For example, a child born or adopted after the will is made may be deemed a pretermitted heir. If the court determines that an heir was accidentally omitted, that heir is entitled to receive the same share of the estate as she would have if the deceased had died without a will. A pretermitted heir is sometimes called an 'omitted heir.'

BYPASS TRUST

A trust designed to lessen a family's overall estate tax liability. An AB trust is the most popular kind of bypass trust.

HEIR APPARENT

One who expects to be receive property from the estate of a family member, as long as she outlives that person.

INTER VIVOS TRUST

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

WARRANTY DEED

A seldom-used type of deed that contains express assurances about the legal validity of the title being transferred.

FAMILY ALLOWANCE

A certain amount of a deceased person's money to which immediate family members are entitled at the beginning of the probate process. The allowance is meant to ... (more...)
A certain amount of a deceased person's money to which immediate family members are entitled at the beginning of the probate process. The allowance is meant to help support the surviving spouse and children during the time it takes to probate the estate. The amount is determined by state law and varies greatly from state to state.

INVESTOR

A person who makes investments. An investor may act either for herself or on behalf of others. A stock broker or mutual fund manager, for instance, makes invest... (more...)
A person who makes investments. An investor may act either for herself or on behalf of others. A stock broker or mutual fund manager, for instance, makes investments for others who have entrusted her with their money.

SPRINKLING TRUST

A trust that gives the person managing it (the trustee) the discretion to disburse its funds among the beneficiaries in any way he or she sees fit.

SAMPLE LEGAL CASES

Shoemaker v. Gindlesberger

... decided over 20 years ago. {¶ 13} Appellants' second reason for asking for an exception to the privity rule is the need to have attorney accountability in the area of estate planning and wealth transfer. Because any mistakes that ...

Ohio State Bar Assn. v. United Fin. Sys. Corp.

... Bar. {¶ 4} 3. Respondent has engaged in the unauthorized practice of law by marketing and selling to residents of the state of Ohio living trusts and other estate-planning and transfer documents. {¶ 5} 4. Respondent's business ...

Cincinnati Bar Assn. v. MID-SOUTH

121 Ohio St.3d 212 (2009). 2009-Ohio-749. CINCINNATI BAR Association v. Mid-South Estate Planning, LLC, et al. 213. No. ... {¶ 2} 1. By marketing and selling living trusts and other estate-planning documents in Ohio, Mid-South engaged in the unauthorized practice of law. ...

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