Clewiston Estate Planning Lawyer, Florida, page 4

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1. Raymond B. Mitchell Cape Coral
  Attorney At Law - FL, 1994
  Regent University School of Law - 1993
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Includes: Gift Taxation

Julie Anne-Gonzalez Cohen

Commercial Real Estate, Dispute Resolution, Estate Planning

Status: In Good Standing Licensed: 30 Years

CONTACT

2900 Glades Cir, Fort Lauderdale, FL 33327

Herbert Jay Cohen

Commercial Real Estate, International Tax, Estate Planning

Status: In Good Standing Licensed: 68 Years

CONTACT

2552 Jardin Ter, Fort Lauderdale, FL 33327

Sophia D Salver

Commercial Real Estate, Real Estate, Lawsuit & Dispute, Estate Planning

Status: In Good Standing Licensed: 17 Years

CONTACT

1203 Manor Dr S, Fort Lauderdale, FL 33326

Clayton Michael Ratliff

Commercial Real Estate, Estate Planning

Status: In Good Standing Licensed: 19 Years

CONTACT

1600 Sawgrass Corporate Pkwy, Fort Lauderdale, FL 33323

George C Schwind

Commercial Real Estate, Estate Planning, Business

Status: In Good Standing Licensed: 47 Years

CONTACT

5260 Boxwood Way, Naples, FL 34116

Alison Mccann Chastain

Commercial Real Estate, Estate Planning

Status: In Good Standing Licensed: 24 Years

CONTACT

13800 Nw 14Th St, Fort Lauderdale, FL 33323

Wendy Hill El Deiry

Trusts, Commercial Real Estate, Estate Planning

Status: In Good Standing Licensed: 28 Years

CONTACT

480 Sawgrass Corporate Parkway, Fort Lauderdale, FL 33325

Stuart Michael Slutsky

Commercial Real Estate, International Tax, Estate Planning, Elder Law

Status: In Good Standing Licensed: 31 Years

CONTACT

1500 Weston Rd, Fort Lauderdale, FL 33326

Grace Nixon Manne

Commercial Real Estate, Estate Planning

Status: In Good Standing Licensed: 46 Years

CONTACT

1792 Bell Tower Ln, Fort Lauderdale, FL 33326

Roger Craig Simmons

Commercial Real Estate, Trusts, Estate Planning, Workers' Compensation

Status: In Good Standing Licensed: 30 Years

CONTACT

10810 Nw 35Th Pl, Fort Lauderdale, FL 33351

800-923-0641

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LEGAL TERMS

SUCCESSOR TRUSTEE

The person or institution who takes over the management of trust property when the original trustee has died or become incapacitated.

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.

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.

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.

PROBATE

The court process following a person's death that includes proving the authenticity of the deceased person's will appointing someone to handle the deceased pers... (more...)

The court process following a person's death that includes proving the authenticity of the deceased person's will appointing someone to handle the deceased person's affairs identifying and inventorying the deceased person's property paying debts and taxes identifying heirs, and distributing the deceased person's property according to the will or, if there is no will, according to state law. Formal court-supervised probate is a costly, time-consuming process -- a windfall for lawyers -- which is best avoided if possible.

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.

LAPSE

Under a will, the failure of a gift of property. A gift lapses when the beneficiary dies before the person who made the will, and no alternate has been named. S... (more...)

Under a will, the failure of a gift of property. A gift lapses when the beneficiary dies before the person who made the will, and no alternate has been named. Some states have anti-lapse statutes, which prevent gifts to relatives of the deceased person from lapsing unless the relative has no heirs of his or her own. A lapsed gift becomes part of the residuary estate.

DISTRIBUTEE

(1) Anyone who receives something. Usually, the term refers to someone who inherits a deceased person's property. If the deceased person dies without a will (ca... (more...)

(1) Anyone who receives something. Usually, the term refers to someone who inherits a deceased person's property. If the deceased person dies without a will (called intestate), state law determines what each distributee will receive. Also called a beneficiary.

CONTINGENT BENEFICIARY

1) An alternate beneficiary named in a will, trust or other document. 2) Any person entitled to property under a will if one or more prior conditions are satisf... (more...)

1) An alternate beneficiary named in a will, trust or other document. 2) Any person entitled to property under a will if one or more prior conditions are satisfied. For example, if Fred is entitled to take property under a will only if he's married at the time of the will maker's death, Fred is a contingent beneficiary. Similarly, if Ellen is named to receive a house only in the event her mother, who has been named to live in the house, moves out of it, Ellen is a contingent beneficiary.

SAMPLE LEGAL CASES

Brundage v. Bank of America

... disputed transfers from the trust. Dorothy Gutsgell and her husband, who had no children of their own, executed a series of estate planning documents, using the law firm of Ruden McClosky for their planning. In 1992 Dorothy, as ...

Yang Enterprises, Inc. v. Georgalis

... Petitioners filed suit against Respondent for trade secret theft, tortious interference with a business relationship, and trade libel. In 1999, Petitioners retained Anthony Palma, an attorney in Broad and Cassel's Orlando office, for estate planning services. ...

Wheeler v. Powers

... In 2000, Dorothy L. Powers and her husband, Albert Powers, retained Kenneth B. Wheeler, an estates and trust attorney, to prepare estate planning documents. ... [1]. On December 20, 2004, Dorothy created several new estate planning documents through a different attorney. ...

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Clewiston Estate Planning Lawyer, Florida, page 4

Sponsored Law Firm

The Law Firm of Raymond Mitchell

SPONSORED LAWYERS

Julie Anne-Gonzalez Cohen

Herbert Jay Cohen

Sophia D Salver

Clayton Michael Ratliff

George C Schwind

Alison Mccann Chastain

Wendy Hill El Deiry

Stuart Michael Slutsky

Grace Nixon Manne

Roger Craig Simmons

TIPS

LEGAL TERMS

SUCCESSOR TRUSTEE

AB TRUST

POWER OF APPOINTMENT

ADEMPTION

PROBATE

DISINHERIT

LAPSE

DISTRIBUTEE

CONTINGENT BENEFICIARY

SAMPLE LEGAL CASES

Brundage v. Bank of America

Yang Enterprises, Inc. v. Georgalis

Wheeler v. Powers

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