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Henderson M. Jones

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Marc D Amos

Lawsuit & Dispute, Estate, Business, Accident & Injury
Status:  In Good Standing           Licensed:  31 Years

Sylvia Savini Owen

Criminal, Estate, Traffic
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Jason D. Herring

Family Law, Medical Malpractice, Wills & Probate, Bad Faith Insurance, Slip & Fall Accident
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Paige C Bush-Scruggs

Real Estate, Lawsuit & Dispute, Estate, Bankruptcy & Debt
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E Payne Atkinson

Gift Taxation, Commercial Real Estate, Health Care Other, Trusts
Status:  In Good Standing           Licensed:  23 Years

Maria House

Estate
Status:  In Good Standing           Licensed:  15 Years

Maria House

Estate
Status:  In Good Standing           Licensed:  15 Years

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LEGAL TERMS

IN TERROREM

Latin meaning 'in fear.' This phrase is used to describe provisions in contracts or wills meant to scare a person into complying with the terms of the agreement... (more...)
Latin meaning 'in fear.' This phrase is used to describe provisions in contracts or wills meant to scare a person into complying with the terms of the agreement. For example, a will might state that an heir will forfeit her inheritance if she challenges the validity of the will. Of course, if the will is challenged and found to be invalid, then the clause itself is also invalid and the heir takes whatever she would have inherited if there were no will.

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.

ACCUMULATION TRUST

A trust in which the income is retained and not paid out to beneficiaries until certain conditions are met. For example, if Uncle Pierre creates a trust for Nic... (more...)
A trust in which the income is retained and not paid out to beneficiaries until certain conditions are met. For example, if Uncle Pierre creates a trust for Nick's benefit but stipulates that Nick will not get a penny until he gets a Ph.D. in French; Nick is the beneficiary of an accumulation trust.

QDOT TRUST

A trust used to postpone estate tax when more than the amount of the personal federal estate tax exemption is left to a non-U.S. citizen spouse by the other spo... (more...)
A trust used to postpone estate tax when more than the amount of the personal federal estate tax exemption is left to a non-U.S. citizen spouse by the other spouse. QDOT stands for qualified domestic trust.

PREDECEASED SPOUSE

In the law of wills, a spouse who dies before the will maker while still married to him or her.

CERTIFICATION OF TRUST

See abstract of trust.

TRUSTEE POWERS

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

TAKING AGAINST THE WILL

A procedure under state law that gives a surviving spouse the right to demand a certain share (usually one-third to one-half) of the deceased spouse's property.... (more...)
A procedure under state law that gives a surviving spouse the right to demand a certain share (usually one-third to one-half) of the deceased spouse's property. The surviving spouse can take that share instead of accepting whatever he or she inherited through the deceased spouse's will. If the surviving spouse decides to take the statutory share, it's called 'taking against the will.' Dower and curtesy is another name for the same legal process.

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.

SAMPLE LEGAL CASES

Joel v. Joel

... 10. Jimmy's will devised his property to two trusts, with his attorney, Meador, as trustee of both. Debbie was executrix of Jimmy's estate. ... 684, 690-91, 78 So.2d 758, 760 (1955) (quoting 54 Am.Jur. Trusts § 225). [16] Allred v. Fairchild, 785 So.2d 1064, 1068 (Miss.2001). ...

IN THE MATTER OF ESTATE OF BAUMGARDNER v. Ready

... ROBERT D. JONES, HENRY P. PATE, III, Attorneys for Appellee. BEFORE CARLSON, PJ, RANDOLPH AND KITCHENS, JJ. CARLSON, PRESIDING JUSTICE, FOR THE COURT: ¶ 1. This case involves fifteen years of litigation relating to two testamentary trusts. ...

Wright v. O'DANIEL

... The statute of limitations applicable to actions involving constructive trusts provides in pertinent part: ... Janet filed her complaint seeking the imposition of a constructive trust on October 23, 2007, well within the ten-year limitations period applicable to constructive trusts. ...