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.

BEQUEATH

A legal term sometimes used in wills that means 'leave' -- for example, 'I bequeath my garden tools to my brother-in-law, Buster Jenkins.'

INCOMPETENCE

The inability, as determined by a court, to handle one's own personal or financial affairs. A court may declare that a person is incompetent after a hearing at ... (more...)

The inability, as determined by a court, to handle one's own personal or financial affairs. A court may declare that a person is incompetent after a hearing at which the person is present and/or represented by an attorney. A finding of incompetence may lead to the appointment of a conservator to manage the person's affairs. Also known as 'incompetency.'

SURROGATE COURT

See probate court.

TRUSTEE

The person who manages assets owned by a trust under the terms of the trust document. A trustee's purpose is to safeguard the trust and distribute trust income ... (more...)

The person who manages assets owned by a trust under the terms of the trust document. A trustee's purpose is to safeguard the trust and distribute trust income or principal as directed in the trust document. With a simple probate-avoidance living trust, the person who creates the trust is also the trustee.

HEIR APPARENT

One who expects to be receive property from the estate of a family member, as long as she outlives that person.

DEED OF TRUST

See trust deed.

SAMPLE LEGAL CASES

IOWA SUPREME COURT v. Lickiss

... The commission further recommends that, prior to reinstatement, Lickiss provide proof that he (1) has returned all wills and client materials to clients for whom he provided estate planning and probate services prior to the date of his suspension, (2) has attended continuing legal ...

ATTORNEY DISCIPLINARY BD. v. Murphy

... The district court entered an order appointing Patricia as the guardian and conservator of Doss. Murphy was designated as the attorney for Patricia. After the conservatorship and guardianship was opened, Doss continued to include the Murphys in her estate planning. ...

IN THE MATTER OF ESTATE AND TRUST OF OTTEROS

... a week in 1998. 9. The 1998 changes were done in secret; only the attorney, Poppen, Elsie and Martin knew of the changes. Before this everyone knew what Elsie's estate planning consisted of. Persons seeking to set aside ...

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LEGAL TERMS

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RULE AGAINST PERPETUITIES

BEQUEATH

INCOMPETENCE

SURROGATE COURT

TRUSTEE

HEIR APPARENT

DEED OF TRUST

SAMPLE LEGAL CASES

IOWA SUPREME COURT v. Lickiss

ATTORNEY DISCIPLINARY BD. v. Murphy

IN THE MATTER OF ESTATE AND TRUST OF OTTEROS

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