Hartland Four Corners Wills & Probate Lawyer, Vermont


Includes: Estate Administration, Living Wills, Wills

Kathleen Welsh Ellis

Tax, Estate Planning, Wills & Probate
Status:  In Good Standing           

Barry J. Polidor

Real Estate, Wills & Probate, Trusts, Estate Planning
Status:  In Good Standing           

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Free Help: Use This Form or Call 800-943-8690

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800-943-8690

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LEGAL TERMS

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.

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.

LIVING TRUST

A trust you can set up during your life. Living trusts are an excellent way to avoid the cost and hassle of probate because the property you transfer into the t... (more...)
A trust you can set up during your life. Living trusts are an excellent way to avoid the cost and hassle of probate because the property you transfer into the trust during your life passes directly to the trust beneficiaries after you die, without court involvement. The successor trustee--the person you appoint to handle the trust after your death--simply transfers ownership to the beneficiaries you named in the trust. Living trusts are also called 'inter vivos trusts.'

DISCHARGE (OF PROBATE ADMINISTRATOR)

A court order releasing the administrator or executor from any further duties connected with the probate of an estate. This typically occurs when the duties hav... (more...)
A court order releasing the administrator or executor from any further duties connected with the probate of an estate. This typically occurs when the duties have been completed but may happen sooner if the executor or administrator wishes to withdraw or is dismissed.

SPRINKLING TRUST

A trust that gives the person managing it (the trustee) the discretion to disburse its funds among the beneficiaries in any way he or she sees fit.

CREDIT SHELTER TRUST

See AB trust.

HEIR APPARENT

One who expects to be receive property from the estate of a family member, as long as she outlives that person.

DEVISEE

A person or entity who inherits real estate under the terms of a will.

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.

SAMPLE LEGAL CASES

In re Estate of Lamore

... Although minor daughter's mother initially consented to decedent's mother becoming administrator, she later revoked that consent and asked the probate court to appoint her administrator. The probate court held that because ...

Carvalho v. Estate of Carvalho

... and due to her advanced age, may not be making decisions that are in her long term best interest." In September 2006, when nephew was no longer executor, he formally objected to the disclaimer in the probate court. ¶ 9 ...

IN RE APPEAL OF ESTATE OF PERRY

... In the above-entitled cause, the Clerk will enter: ¶ 1. Probate law generally treats a will and all valid codicils thereto as a single testamentary instrument. ... The superior court found that the purported agreement controls, notwithstanding the probate court order to the contrary. ...