Lake Harbor Estate Lawyer, Florida

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Jay M. Hendry

Trusts, Family Law, Civil Rights, Contract
Status:  In Good Standing           Licensed:  11 Years

Donia Roberts Adams

Corporate, Real Estate, Trusts, Personal Injury
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LEGAL TERMS

AB TRUST

A trust that allows couples to reduce or avoid estate taxes. Each spouse puts his or her property in an AB trust. When the first spouse dies, his or her half of... (more...)
A trust that allows couples to reduce or avoid estate taxes. Each spouse puts his or her property in an AB trust. When the first spouse dies, his or her half of the property goes to the beneficiaries named in the trust -- commonly, the grown children of the couple -- with the crucial condition that the surviving spouse has the right to use the property for life and is entitled to any income it generates. The surviving spouse may even be allowed to spend principal in certain circumstances. When the surviving spouse dies, the property passes to the trust beneficiaries. It is not considered part of the second spouse's estate for estate tax purposes. Using this kind of trust keeps the second spouse's taxable estate half the size it would be if the property were left directly to the spouse. This type of trust is also known as a bypass or credit shelter trust.

ESTATE TAXES

Taxes imposed by the state or federal government on property as it passes from the dead to the living. All property you own, whatever the form of ownership, and... (more...)
Taxes imposed by the state or federal government on property as it passes from the dead to the living. All property you own, whatever the form of ownership, and whether or not it goes through probate after your death, is subject to federal estate tax. Currently, however, federal estate tax is due only if your property is worth at least $2 million when you die. The estate tax is scheduled to be repealed for one year, in 2010, but Congress will probably make the repeal (or a very high exempt amount) permanent. Any property left to a surviving spouse (if he or she is a U.S. citizen) or a tax-exempt charity is exempt from federal estate taxes. Many states now also impose their own estate taxes or inheritance taxes.

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.

PROPERTY CONTROL TRUST

Any trust that imposes limits or controls over the rights of trust beneficiaries. These trusts include (1) special needs trusts designed to assist people who ha... (more...)
Any trust that imposes limits or controls over the rights of trust beneficiaries. These trusts include (1) special needs trusts designed to assist people who have special physical, emotional or other requirements, (2) spendthrift trusts designed to prevent a beneficiary from wasting the trust principal; and (3) sprinkling trusts that allow the trustee to decide how to distribute trust income or principal among the beneficiaries.

NET ESTATE

The value of all property owned at death less liabilities or debts.

CERTIFICATION OF TRUST

See abstract of trust.

PREDECEASED SPOUSE

In the law of wills, a spouse who dies before the will maker while still married to him or her.

GENERATION-SKIPPING TRANSFER TAX

A federal tax imposed on money placed in a generation-skipping trust. Currently, there is a $1 million exemption to the GSTT; that is, each person may leave $1 ... (more...)
A federal tax imposed on money placed in a generation-skipping trust. Currently, there is a $1 million exemption to the GSTT; that is, each person may leave $1 million in a generation-skipping trust free of this tax. The GSST is imposed when the middle-generation beneficiaries die and the property is transferred to the third-generation beneficiaries. Every dollar over $1 million is subject to the highest existing estate tax rate--currently 55%--at the time the GSTT tax is applied.

GRANTOR

Someone who creates a trust. Also called a trustor or settlor.

SAMPLE LEGAL CASES

In re Estate of McKibbin

In re ESTATE of Loyette D. McKIBBIN, deceased. Larry H. McKibbin, as Personal Representative of the Estate of Loyette D. McKibbin, Appellant, v. Alterra Health Care Corporation a/k/a Alterra Healthcare Corporation; Beth M. Guinn a/k/a Beth Marie Waters Guinn; Tammie ...

Estate of Johnson v. Badger Acquisition

Failing to appropriately monitor the dispensing of medication for Norma J. Johnson; failing to appropriately monitor the proximity in which the same medication was dispensed for Norma J. Johnson; failing to adequately monitor Norma J. Johnson's medication administration; ...

SOVEREIGN HEALTHCARE v. Estate of Huerta

SOVEREIGN HEALTHCARE OF TAMPA, LLC, a/k/a Sovereign Healthcare of Tampa, LLC, d/b/a Sovereign Healthcare of Tampa (as to Bayshore Pointe Nursing & Rehab Center), Appellant, v. The ESTATE OF Florinda HUERTA, by and through Dennis HUERTA, ...