Kaneohe Wills & Probate Lawyer, Hawaii
Includes: Estate Administration, Living Wills, Wills
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Mark Ray German
Criminal, Administrative Law, Wills & Probate, Military
Status: In Good Standing Licensed: 41 Years
46-081 Konohiki St, Kaneohe, HI 96744
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LEGAL TERMS
DISTRIBUTEE
(1) Anyone who receives something. Usually, the term refers to someone who inherits a deceased person's property. If the deceased person dies without a will (ca... (more...)
(1) Anyone who receives something. Usually, the term refers to someone who inherits a deceased person's property. If the deceased person dies without a will (called intestate), state law determines what each distributee will receive. Also called a beneficiary.
ADMINISTRATRIX
An outdated term for a female administrator -- the person appointed by a court to handle probate on behalf of someone who died without a will. Now, whether male... (more...)
An outdated term for a female administrator -- the person appointed by a court to handle probate on behalf of someone who died without a will. Now, whether male or female, this person is called the administrator.
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.
WARRANTY DEED
A seldom-used type of deed that contains express assurances about the legal validity of the title being transferred.
SECONDARY MEANING
In trademark law, a mark that is not inherently distinctive becomes protected after developing a 'secondary meaning': great public recognition through long use ... (more...)
In trademark law, a mark that is not inherently distinctive becomes protected after developing a 'secondary meaning': great public recognition through long use and exposure in the marketplace. For example, though first names are not generally considered inherently distinctive, Ben & Jerry's Ice Cream has become so well known that it is now entitled to maximum trademark protection.
SPECIFIC BEQUEST
A specific item of property that is left to a named beneficiary under a will. If the person who made the will no longer owns the property when he dies, the bequ... (more...)
A specific item of property that is left to a named beneficiary under a will. If the person who made the will no longer owns the property when he dies, the bequest fails. In other words, the beneficiary cannot substitute a similar item in the estate. Example: If John leaves his 1954 Mercedes to Patti, and when John dies the 1954 Mercedes is long gone, Patti doesn't receive John's current car or the cash equivalent of the Mercedes. See ademption.
CONTINGENT BENEFICIARY
1) An alternate beneficiary named in a will, trust or other document. 2) Any person entitled to property under a will if one or more prior conditions are satisf... (more...)
1) An alternate beneficiary named in a will, trust or other document. 2) Any person entitled to property under a will if one or more prior conditions are satisfied. For example, if Fred is entitled to take property under a will only if he's married at the time of the will maker's death, Fred is a contingent beneficiary. Similarly, if Ellen is named to receive a house only in the event her mother, who has been named to live in the house, moves out of it, Ellen is a contingent beneficiary.
FINAL BENEFICIARY
The person or institution designated to receive trust property upon the death of a life beneficiary. For example, Jim creates a trust through which his wife Jan... (more...)
The person or institution designated to receive trust property upon the death of a life beneficiary. For example, Jim creates a trust through which his wife Jane receives income for the duration of her life. Their daughter, the final beneficiary, receives the trust principal after Jane's death.
PREDECEASED SPOUSE
In the law of wills, a spouse who dies before the will maker while still married to him or her.
SAMPLE LEGAL CASES
ESTATE OF BOVEE
... Petitioner-Appellant Edward A. Smith (Smith) appeals pro se from the judgment [1] (Judgment)
filed on March 9, 2011 in the Circuit Court of the First Circuit (probate court). The probate court
denied two petitions (Petitions) filed pro se by Smith on October 22, 2009. ...
IN THE MATTER OF THOMPSON
... 2007) and Rule 34 of the Hawai`i Probate Rules (HPR). HRS § 641-1(a) (1993 & Supp. ...
2007). HPR Rule 34 generally requires the probate court to reduce an order to a
separate judgment as a prerequisite for appealability: RULE 34. ...
IN RE GUARDIANSHIP OF FY
... 2008) and Rule 34 of the Hawai`i Probate Rules (HPR). ... provided by the rules of the court."
HRS § 641-1(c). HPR Rule 34 generally requires the probate court to reduce an order to
a separate judgment as a prerequisite for appealability: RULE 34. ...
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