Hickory Wills & Probate Lawyer, North Carolina


Includes: Estate Administration, Living Wills, Wills

Stephen L. Palmer

Corporate, Business Organization, Environmental Law, Estate Administration
Status:  In Good Standing           

Marshall V. Yount

Estate Planning, Wills & Probate
Status:  Deceased           Licensed:  84 Years

Casey Winebarger Pope

Medicare & Medicaid, Wills, Property & Casualty, Corporate
Status:  In Good Standing           

John F. Cutchin

Traffic, Wills & Probate, Divorce & Family Law, Criminal
Status:  In Good Standing           Licensed:  49 Years

Sarah Lowry Kihneman

Elder Law, Commercial Real Estate, Clean Air Practice, Wills
Status:  Inactive           Licensed:  25 Years

William D. Powell

Real Estate, Wills & Probate, Estate, Civil & Human Rights
Status:  In Good Standing           Licensed:  42 Years

Henry Samuel Morphis

Estate Administration, Guardianships & Conservatorships, Corporate, Non-profit
Status:  In Good Standing           Licensed:  18 Years

Ray G. Corne

Criminal, Family Law, Personal Injury, Wills
Status:  In Good Standing           Licensed:  47 Years

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

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LEGAL TERMS

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

QTIP TRUST

A type of trust for wealthy married couples that allows a surviving spouse to postpone estate taxes. A QTIP trust allows the surviving spouse to make use of the... (more...)
A type of trust for wealthy married couples that allows a surviving spouse to postpone estate taxes. A QTIP trust allows the surviving spouse to make use of the trust property tax-free. Taxes are deferred until the surviving spouse dies and the trust property is received by the final trust beneficiaries, who were named by the first spouse to die.

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.

ANCILLARY PROBATE

A probate proceeding conducted in a different state from the one the deceased person resided in at the time of death. Usually, ancillary probate proceedings are... (more...)
A probate proceeding conducted in a different state from the one the deceased person resided in at the time of death. Usually, ancillary probate proceedings are necessary if the deceased person owned real estate in another state.

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.

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.'

HOLOGRAPHIC WILL

A will that is completely handwritten, dated and signed by the person making it. Holographic wills are generally not witnessed. Although it's legal in many stat... (more...)
A will that is completely handwritten, dated and signed by the person making it. Holographic wills are generally not witnessed. Although it's legal in many states, making a holographic will is never advised except as a last resort.

FAILURE OF ISSUE

A situation in which a person dies without children who could have inherited her property.

TRUST DEED

The most common method of financing real estate purchases in California (most other states use mortgages). The trust deed transfers the title to the property to... (more...)
The most common method of financing real estate purchases in California (most other states use mortgages). The trust deed transfers the title to the property to a trustee -- often a title company -- who holds it as security for a loan. When the loan is paid off, the title is transferred to the borrower. The trustee will not become involved in the arrangement unless the borrower defaults on the loan. At that point, the trustee can sell the property and pay the lender from the proceeds.

SAMPLE LEGAL CASES

In re Will of Jones

... Because we believe genuine issues of material fact remain as to the question of undue influence, we reverse the Court of Appeals, which, in a divided opinion, affirmed the trial court's grant of summary judgment to Mrs. Jones and its order for the will to be accepted for probate. ...

In re Will of Baitschora

... On 22 June 2007, decedent died in propounder's home. Propounder attempted to probate the will on 25 June 2007, but when Ms. Weithe informed propounder that the firm could not handle the matter until August 2007, propounder sought other counsel. ...

IN RE MATTER OF ESTATE OF FORTNER

... UNPUBLISHED OPINION. THIGPEN, Judge. Respondents, the administrators of the Estate of Johnnie H. Fortner, Sr. ("the Estate"), appeal from an order awarding attorney's fees to petitioner's attorney for "his services in opposing the probate of a paper writing.". ...