The passing of property or legal rights after death. The word commonly refers to the distribution of property under a state's intestate succession laws, which d... (more...)

The passing of property or legal rights after death. The word commonly refers to the distribution of property under a state's intestate succession laws, which determine who inherits property when someone dies without a valid will. When used in connection with real estate, the word refers to the passing of property by will or inheritance, as opposed to gift, grant, or purchase.

BANKRUPTCY ESTATE

All of the property you own when you file for bankruptcy, except for most pensions and educational trusts. The trustee technically takes control of your bankrup... (more...)

All of the property you own when you file for bankruptcy, except for most pensions and educational trusts. The trustee technically takes control of your bankruptcy estate for the duration of your case.

CURATOR

See conservator.

SWEARING MATCH

A case that turns on the word of one witness versus another. The outcome of a swearing match usually depends on whom the jury finds most trustworthy.

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.

WARRANTY DEED

A seldom-used type of deed that contains express assurances about the legal validity of the title being transferred.

SURVIVING SPOUSE'S TRUST

If a couple has created an AB trust, the revocable living trust (Trust B) of the surviving spouse, after the first spouse has died.

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).

SURROGATE COURT

See probate court.

SAMPLE LEGAL CASES

O'CONNOR v. Redstone

... Michael). The plaintiffs are Michael and the current trustees of three trusts that once held shares in NAI for the benefit of Sumner's and Edward's children. ... individually. Edward denied that any such oral trusts had been established. [8]. ...

BINDMAN v. Parker

... Trustees of two qualified personal residence trusts (QPRTs) commenced these actions in the Probate and Family Court, seeking reformation of the trusts to correct drafting errors that they claimed frustrated the settlors' intent to reduce their estate and gift tax liabilities. ...

Fierst v. Laird

... Deborah L. Anderson & Sarah T. Connolly for the plaintiffs. The trustees of three related trusts commenced this action in the county court requesting a declaration that the trusts contain certain scrivener's errors. They also request reformation of the trusts. ...

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SUCCESSION

BANKRUPTCY ESTATE

CURATOR

SWEARING MATCH

TAKING AGAINST THE WILL

WARRANTY DEED

SURVIVING SPOUSE'S TRUST

CHARITABLE TRUST

SURROGATE COURT

SAMPLE LEGAL CASES

O'CONNOR v. Redstone

BINDMAN v. Parker

Fierst v. Laird

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