China Village Wills & Probate Lawyer, Maine


Includes: Estate Administration, Living Wills, Wills

David E. Bernier

Real Estate, Social Security -- Disability, Wills & Probate, Elder Law
Status:  In Good Standing           

William P. Dubord

Tax, Condominiums, Wills & Probate, Child Custody
Status:  In Good Standing           Licensed:  51 Years

Timothy R. O'Donnell

Real Estate, Wills & Probate, Trusts, Corporate
Status:  In Good Standing           Licensed:  52 Years

Joann Clark Austin

Wills & Probate, Trusts, Federal Appellate Practice
Status:  In Good Standing           Licensed:  45 Years

Brian P. Winchester

Litigation, Wills & Probate, Family Law, Criminal
Status:  In Good Standing           Licensed:  39 Years

Waldemar G. Buschmann

Real Estate, Litigation, Wills & Probate, Personal Injury
Status:  In Good Standing           Licensed:  52 Years

Lester F. Wilkinson

Lawsuit & Dispute, Wills & Probate, Consumer Rights, Business & Trade
Status:  In Good Standing           Licensed:  43 Years

Daniel E. Wathen

Mediation, Industry Specialties, Wills & Probate, Family Law
Status:  In Good Standing           Licensed:  59 Years

Richard A. Foley

Wills & Probate, Trusts
Status:  In Good Standing           Licensed:  69 Years

Frank Elwyn Southard

Real Estate, Elder Law, State Government, Wills & Probate
Status:  Inactive           Licensed:  85 Years

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

Member Representative

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800-943-8690

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By submitting this lawyer request, I confirm I have read and agree to the Consent to Receive Messages from all messaging and voice technologies including Email, Text, Phone, Terms of Use, and Privacy Policy. Information provided is not privileged or confidential.

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LEGAL TERMS

TESTAMENTARY TRUST

A trust created by a will, effective only upon the death of the willmaker.

RESIDUARY BENEFICIARY

A person who receives any property by a will or trust that is not specifically left to another designated beneficiary. For example, if Antonio makes a will leav... (more...)
A person who receives any property by a will or trust that is not specifically left to another designated beneficiary. For example, if Antonio makes a will leaving his home to Edwina and the remainder of his property to Elmo, then Elmo is the residuary beneficiary.

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.

DISCHARGE (OF PROBATE ADMINISTRATOR)

A court order releasing the administrator or executor from any further duties connected with the probate of an estate. This typically occurs when the duties hav... (more...)
A court order releasing the administrator or executor from any further duties connected with the probate of an estate. This typically occurs when the duties have been completed but may happen sooner if the executor or administrator wishes to withdraw or is dismissed.

ADEMPTION

The failure of a bequest of property in a will. The gift fails (is 'adeemed') because the person who made the will no longer owns the property when he or she di... (more...)
The failure of a bequest of property in a will. The gift fails (is 'adeemed') because the person who made the will no longer owns the property when he or she dies. Often this happens because the property has been sold, destroyed or given away to someone other than the beneficiary named in the will. A bequest may also be adeemed when the will maker, while still living, gives the property to the intended beneficiary (called 'ademption by satisfaction'). When a bequest is adeemed, the beneficiary named in the will is out of luck; he or she doesn't get cash or a different item of property to replace the one that was described in the will. For example, Mark writes in his will, 'I leave to Rob the family vehicle,' but then trades in his car in for a jet ski. When Mark dies, Rob will receive nothing. Frustrated beneficiaries may challenge an ademption in court, especially if the property was not clearly identified in the first place.

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.

PETITION

A formal written request made to a court, asking for an order or ruling on a particular matter. For example, if you want to be appointed conservator for an elde... (more...)
A formal written request made to a court, asking for an order or ruling on a particular matter. For example, if you want to be appointed conservator for an elderly relative, you must file a petition with a court. See also complaint.

CREDIT SHELTER TRUST

See AB trust.

SPECIFIC BEQUEST

A specific item of property that is left to a named beneficiary under a will. If the person who made the will no longer owns the property when he dies, the bequ... (more...)
A specific item of property that is left to a named beneficiary under a will. If the person who made the will no longer owns the property when he dies, the bequest fails. In other words, the beneficiary cannot substitute a similar item in the estate. Example: If John leaves his 1954 Mercedes to Patti, and when John dies the 1954 Mercedes is long gone, Patti doesn't receive John's current car or the cash equivalent of the Mercedes. See ademption.

SAMPLE LEGAL CASES

In re Estate of Kingsbury

... Dissent: SAUFLEY, CJ, and ALEXANDER, and SILVER, JJ. CLIFFORD, J. [¶ 1] The estate of Bruce H. Kingsbury, through its personal representative, Robin L. Whorff, appeals from an order entered in the Sagadahoc County Probate Court (Voorhees, J.) (1) providing that Whorff ...

IN RE ESTATE OF LIPIN

... PER CURIAM. [¶ 1] Joan Carol Lipin challenges the denial of her request for recusal entered in the Cumberland County Probate Court (Mazziotti, J.) in connection with the probate of the estate of her father, Theodore Lipin. We ...

Edwards v. Campbell

... Campbell has appealed. II. DISCUSSION. [¶ 6] Campbell first contends that the court lacked subject matter jurisdiction to issue the contempt order as to the trust accounting, arguing instead that the Probate Court has exclusive jurisdiction over such matters. ...