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Hana Trusts Lawyer, Hawaii
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Roya Jean Deyhim
Wills, Trusts, Estate, Civil & Human Rights
Status: In Good Standing Licensed: 29 Years
411 Huku Li'I Place, Kihei, HI 96753
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LEGAL TERMS
PROVING A WILL
Convincing a probate court that a document is truly the deceased person's will. Usually this is a simple formality that the executor or administrator easily sat... (more...)
Convincing a probate court that a document is truly the deceased person's will. Usually this is a simple formality that the executor or administrator easily satisfies by showing that the will was signed and dated by the deceased person in front of two or more witnesses. When the will is holographic -- that is, completely handwritten by the deceased and not witnessed, it is still valid in many states if the executor can produce relatives and friends to testify that the handwriting is that of the deceased.
CHARITABLE TRUST
Any trust designed to make a substantial gift to a charity and also achieve income and estate tax savings for the person who creates the trust (the grantor).
ABATEMENT
A reduction. After a death, abatement occurs if the deceased person didn't leave enough property to fulfill all the bequests made in the will and meet other exp... (more...)
A reduction. After a death, abatement occurs if the deceased person didn't leave enough property to fulfill all the bequests made in the will and meet other expenses. Gifts left in the will are cut back in order to pay taxes, satisfy debts or take care of other gifts that are given priority under law or by the will itself.
SPECIAL ADMINISTRATOR
(1) In the law of wills and estates, a person appointed by the court to take charge of only a designated portion of an estate during probate. For example, a spe... (more...)
(1) In the law of wills and estates, a person appointed by the court to take charge of only a designated portion of an estate during probate. For example, a special administrator with particular expertise on art might be appointed to oversee the probate of a wealthy person's art collection, but not the entire estate. (2) A person appointed to be responsible for a deceased person's property for a limited time or during an emergency, such as a challenge to the will or to the qualifications of the named executor. In such cases, the special administrator's duty is to maintain and preserve the estate, not necessarily to take control of the probate process
PROBATE COURT
A specialized court or division of a state trial court that considers only cases concerning the distribution of deceased persons' estate. Called 'surrogate cour... (more...)
A specialized court or division of a state trial court that considers only cases concerning the distribution of deceased persons' estate. Called 'surrogate court' in New York and several other states, this court normally examines the authenticity of a will -- or if a person dies intestate, figures out who receives her property under state law. It then oversees a procedure to pay the deceased person's debts and to distribute her assets to the proper inheritors. See probate.
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.
GRANT DEED
A deed containing an implied promise that the person transfering the property actually owns the title and that it is not encumbered in any way, except as descri... (more...)
A deed containing an implied promise that the person transfering the property actually owns the title and that it is not encumbered in any way, except as described in the deed. This is the most commonly used type of deed. Compare quitclaim deed.
DEED OF TRUST
See trust deed.
DEVISEE
A person or entity who inherits real estate under the terms of a will.
SAMPLE LEGAL CASES
Marn v. Marn
... Steven Guttman, (Ressner Umebayashi Bain & Matsunaga), for Plaintiffs-Appellees, JAMES KM
DUNN, Successor Trustee of the ANNABELLE Y. DUNN TRUST DATED JUNE 18, 1991, and
JERRY TARUTANI and HUO CHEN, Co-Trustees of the DUNN CHILDREN'S TRUSTS. ...
HAWAIIAN ASSOCIATION OF SEVENTH-DAY ADVENTISTS v. Wong
... The Property was originally owned by EAK Trust and the Augustus F. Knudsen Trust
(jointly, "the Trusts"). In 1949, the Trusts leased the Property to Valdemar L'Orange
Knudsen who, in turn, assigned the lease to Kahili Mountain Park, Inc. ...
Lee v. HSBC BANK USA
... Pooling and Servicing Agreement Dated as of April 1, 2007 SG Mortgage Securities Trust 2007
NC1 Asset Backed Certificates, Series 2007 NC1, Defendants-Appellees, and John Does 1-10;
Jane Does 1-10; Doe Corporations 1-10; Doe Partnerships 1-10; Doe Trusts 1-10 ...
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