Keaau Wills & Probate Lawyer, Hawaii
Includes: Estate Administration, Living Wills, Wills
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LEGAL TERMS
CERTIFICATION OF TRUST
See abstract of trust.
ADEMPTION
The failure of a bequest of property in a will. The gift fails (is 'adeemed') because the person who made the will no longer owns the property when he or she di... (more...)
The failure of a bequest of property in a will. The gift fails (is 'adeemed') because the person who made the will no longer owns the property when he or she dies. Often this happens because the property has been sold, destroyed or given away to someone other than the beneficiary named in the will. A bequest may also be adeemed when the will maker, while still living, gives the property to the intended beneficiary (called 'ademption by satisfaction'). When a bequest is adeemed, the beneficiary named in the will is out of luck; he or she doesn't get cash or a different item of property to replace the one that was described in the will. For example, Mark writes in his will, 'I leave to Rob the family vehicle,' but then trades in his car in for a jet ski. When Mark dies, Rob will receive nothing. Frustrated beneficiaries may challenge an ademption in court, especially if the property was not clearly identified in the first place.
NONPROBATE
The distribution of a deceased person's property by any means other than probate. Many types of property pass free of probate, including property left to a surv... (more...)
The distribution of a deceased person's property by any means other than probate. Many types of property pass free of probate, including property left to a surviving spouse and property left outside of a will through probate-avoidance methods such as pay-on-death designations, joint tenancy ownership, living trusts and life insurance. Property that avoids probate is sometimes described as the 'nonprobate estate.' Nonprobate distribution may also occur if the deceased person leaves an invalid will. In that case, property will pass according to the particular state's laws of intestate succession.
RULE AGAINST PERPETUITIES
An exceedingly complex legal doctrine that limits the amount of time that property can be controlled after death by a person's instructions in a will. For examp... (more...)
An exceedingly complex legal doctrine that limits the amount of time that property can be controlled after death by a person's instructions in a will. For example, a person would not be allowed to leave property to her husband for his life, then to her children for their lives, then to her grandchildren. The gift would potentially go to the grandchildren at a point too remote in time.
FUNDING A TRUST
Transferring ownership of property to a trust.
CREDIT SHELTER TRUST
See AB trust.
ACCUMULATION TRUST
A trust in which the income is retained and not paid out to beneficiaries until certain conditions are met. For example, if Uncle Pierre creates a trust for Nic... (more...)
A trust in which the income is retained and not paid out to beneficiaries until certain conditions are met. For example, if Uncle Pierre creates a trust for Nick's benefit but stipulates that Nick will not get a penny until he gets a Ph.D. in French; Nick is the beneficiary of an accumulation trust.
KINDRED
Under some state's probate codes, all relatives of a deceased person.
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.
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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