Clancy Wills & Probate Lawyer, Montana
Includes: Estate Administration, Living Wills, Wills
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1-5 of 5 matches. Page 1 of 1
William Edward Hunt
Aviation, Guardianships & Conservatorships, Living Wills, Municipal
Status: In Good Standing
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CONTACT 310 E. Broadway Street, Helena, MT 59601
Profile LAWPOINTS™33/100
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Brett Patrick Clark
Litigation, Federal Appellate Practice, Wills & Probate, Disability
Status: In Good Standing
900 N Last Chance Gulch, Helena, MT 59624
Profile LAWPOINTS™34/100
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Brandeis G Boyar
Traffic, Wills & Probate, Estate, Business Organization
Status: In Good Standing Licensed: 26 Years
400 N. Parrk Ave., Helena, MT 59601
Profile LAWPOINTS™22/100
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Patrick E. Melby
Household Mold, Corporate, Wills & Probate, Health Care Other
Status: In Good Standing
24 West Sixth Avenue, Helena, MT 59601
Profile LAWPOINTS™17/100
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Christopher G. Miller
Real Estate, Civil Rights, Wills & Probate, Election & Political
Status: In Good Standing
302 Missouri Avenue, Deer Lodge, MT 59722
Profile LAWPOINTS™17/100
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LEGAL TERMS
RESIDUARY ESTATE
The property that remains in a deceased person's estate after all specific gifts are made, and all debts, taxes, administrative fees, probate costs, and court c... (more...)
The property that remains in a deceased person's estate after all specific gifts are made, and all debts, taxes, administrative fees, probate costs, and court costs are paid. The residuary estate also includes any gifts under a will that fail or lapse. For example, Connie's will leaves her house and all its furnishings to Andrew, her VW bug to her friend Carl, and the remainder of her property (the residuary estate) to her sister Sara. She doesn't name any alternate beneficiaries. Carl dies before Connie. The VW bug becomes part of the residuary estate and passes to Sara, along with all of Connie's property other than the house and furnishings. Also called the residual estate or residue.
EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974 (ERISA)
A federal law passed to protect pension rights. ERISA: sets minimum standards for pension plans, guaranteeing that pension rights cannot be unfairly denied to o... (more...)
A federal law passed to protect pension rights. ERISA: sets minimum standards for pension plans, guaranteeing that pension rights cannot be unfairly denied to or taken from a worker provides some protection for workers in the event certain types of pension plans cannot pay the benefits to which workers are entitled, and requires that employers provide full and clear information about employees' pension rights, including the way pension benefits accumulate, how the company invests pension funds, and when and how pension benefits can be collected.
PUBLISHED WORK
An original work of authorship that is considered published for purposes of copyright law. A work is 'published' when it is first made available to the public o... (more...)
An original work of authorship that is considered published for purposes of copyright law. A work is 'published' when it is first made available to the public on an unrestricted basis. It is thus possible to display a work, or distribute it with restrictions on disclosure of its contents, without actually 'publishing' it. Both published and unpublished works are entitled to copyright protection, but some of the rules differ.
AB TRUST
A trust that allows couples to reduce or avoid estate taxes. Each spouse puts his or her property in an AB trust. When the first spouse dies, his or her half of... (more...)
A trust that allows couples to reduce or avoid estate taxes. Each spouse puts his or her property in an AB trust. When the first spouse dies, his or her half of the property goes to the beneficiaries named in the trust -- commonly, the grown children of the couple -- with the crucial condition that the surviving spouse has the right to use the property for life and is entitled to any income it generates. The surviving spouse may even be allowed to spend principal in certain circumstances. When the surviving spouse dies, the property passes to the trust beneficiaries. It is not considered part of the second spouse's estate for estate tax purposes. Using this kind of trust keeps the second spouse's taxable estate half the size it would be if the property were left directly to the spouse. This type of trust is also known as a bypass or credit shelter trust.
PROPERTY CONTROL TRUST
Any trust that imposes limits or controls over the rights of trust beneficiaries. These trusts include (1) special needs trusts designed to assist people who ha... (more...)
Any trust that imposes limits or controls over the rights of trust beneficiaries. These trusts include (1) special needs trusts designed to assist people who have special physical, emotional or other requirements, (2) spendthrift trusts designed to prevent a beneficiary from wasting the trust principal; and (3) sprinkling trusts that allow the trustee to decide how to distribute trust income or principal among the beneficiaries.
ALTERNATE BENEFICIARY
A person, organization or institution that receives property through a will, trust or insurance policy when the first named beneficiary is unable or refuses to ... (more...)
A person, organization or institution that receives property through a will, trust or insurance policy when the first named beneficiary is unable or refuses to take the property. For example, in his will Jake leaves his collection of sheet music to his daughter, Mia, and names the local symphony as alternate beneficiary. When Jake dies, Mia decides that the symphony can make better use of the sheet music than she can, so she refuses (disclaims) the gift, and the manuscripts pass directly to the symphony. In insurance law, the alternate beneficiary, usually the person who receives the insurance proceeds because the initial or primary beneficiary has died, is called the secondary or contingent beneficiary.
LIFE BENEFICIARY
A person who receives benefits, under a trust or by will, for his or her lifetime. For an example, see AB trust.
SUCCESSION
The passing of property or legal rights after death. The word commonly refers to the distribution of property under a state's intestate succession laws, which d... (more...)
The passing of property or legal rights after death. The word commonly refers to the distribution of property under a state's intestate succession laws, which determine who inherits property when someone dies without a valid will. When used in connection with real estate, the word refers to the passing of property by will or inheritance, as opposed to gift, grant, or purchase.
DEATH TAXES
Taxes levied at death, based on the value of property left behind. Federal death taxes are called estate taxes. Some states levy inheritance taxes on people who... (more...)
Taxes levied at death, based on the value of property left behind. Federal death taxes are called estate taxes. Some states levy inheritance taxes on people who inherit property.
SAMPLE LEGAL CASES
In re Estate of Marchwick
... 5 Marchwick filed an application of informal probate of will and appointment of personal
representative on April 27, 2007. ... Marchwick filed a petition for a formal order acknowledging
revocation of probate and non-probate transfers by divorce on June 13, 2008. ...
In re Estate of Lightfield
... She was survived by her two children, Lee Lightfield and Linda Carlsen. Each child desired
probate of a different will signed by Aileen. ... Linda does not appeal. ¶ 2 We restate the issues as
follows: ¶ 3 1. Did the District Court err in denying probate of a holographic will? ...
IN THE MATTER OF ESTATE OF GLENNIE
... The order dismissed Bruce's objection to admit Thomas Glennie's (Thomas) September 2009
will to probate, and to set aside the Cattle Sale and Options Agreement and Lease-Cattle
Agreement (collectively "Agreements"). ... Bruce filed an objection to probate Thomas's will. ...
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