Eatonton Wills & Probate Lawyer, Georgia, page 2

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Includes: Estate Administration, Living Wills, Wills

Jonathan David Moore

Landlord-Tenant, Traffic, Wills & Probate, Estate
Status:  In Good Standing           Licensed:  19 Years

Hubert C. Lovein

Litigation, Wills & Probate, Trusts, Civil & Human Rights
Status:  Retired           Licensed:  54 Years

Harlan Stuart Miller

Lawsuit & Dispute, Wills & Probate, Employment, Civil Rights, Personal Injury
Status:  In Good Standing           Licensed:  36 Years

Landon Alan Justice

Traffic, Wills & Probate, Wrongful Death, Personal Injury, Car Accident
Status:  In Good Standing           Licensed:  7 Years

Steven Bloodworth

Real Estate, Wills & Probate, Divorce, Misdemeanor
Status:  In Good Standing           Licensed:  19 Years

Dennise LeAnn Grayson

Estate, Elder Law, Wills & Probate, Medicare & Medicaid
Status:  In Good Standing           Licensed:  20 Years

William M. Haas

Wills & Probate, Wrongful Termination, Labor Law, Employment
Status:  In Good Standing           Licensed:  54 Years

Bernadette Camille Crucilla

Wills & Probate, Criminal, Bankruptcy, Accident & Injury
Status:  In Good Standing           Licensed:  27 Years

David Carl Bowers

Social Security, Wills & Probate, Workers' Compensation, Insurance, Medical Malpractice
Status:  In Good Standing           Licensed:  26 Years

Jennifer Nelson Haskins

Tax, Wills, Estate, Elder Law
Status:  In Good Standing           

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LEGAL TERMS

TRUSTEE POWERS

The provisions in a trust document defining what the trustee may and may not do.

GROSS ESTATE

For federal estate tax filing purposes, the total of all property owned at death, without regard to any debts or liens against the property or the costs of prob... (more...)
For federal estate tax filing purposes, the total of all property owned at death, without regard to any debts or liens against the property or the costs of probate. Taxes are due only on the value of the property the person actually owned (the net estate) plus the amount of any taxable gifts made during life. In a few states, the gross estate is used when computing attorney fees for probating estates; the lawyer gets a percentage of the gross estate.

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.

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.

GRANTOR

Someone who creates a trust. Also called a trustor or settlor.

AUGMENTED ESTATE

In general terms, an augmented estate consists of property owned by both a deceased person and his or her spouse. The concept of the augmented estate is used on... (more...)
In general terms, an augmented estate consists of property owned by both a deceased person and his or her spouse. The concept of the augmented estate is used only in some states. Its value is calculated only if a surviving spouse declines whatever he or she was left by will and instead claims a share of the deceased spouse's estate. (This is called taking against the will.) The amount of this 'statutory share' or 'elective share' depends on state law.

POUR-OVER WILL

A will that 'pours over' property into a trust when the will maker dies. Property left through the will must go through probate before it goes into the trust.

INTESTATE

The condition of dying without a valid will. The probate court appoints an administrator to distribute the deceased person's property according to state law.

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.

SAMPLE LEGAL CASES

Morrison v. Morrison

... Gardner, III, Tucker, for Appellee. BENHAM, Justice. This is an appeal from a judgment rejecting caveats to a will and admitting the will to probate. Following the death in 2004 of W. Lee Morrison, Jr. (hereinafter, Testator), his 1998 ...

Dorsey v. Kennedy

... died on August 21, 2006, after a long battle with dementia. Dorothy B. Dorsey submitted a July 29, 1999 document purporting to be Kennedy's last will and testament for probate by the Gwinnett County Probate Court, and Kennedy's son and stepson filed caveats. ...

Sharpton v. Hall

... or guardianship. The probate court did not abuse its discretion in interpreting the statute and granting limited access to the records at issue here. We therefore affirm. Stan L. Hall, as administrator of the estate of Raymond Sharpton ...

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