Oxford Wills & Probate Lawyer, Maine
Includes: Estate Administration, Living Wills, Wills
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1-6 of 6 matches. Page 1 of 1
John W. Conway
Litigation, Wills & Probate, Transactions, Business & Trade
Status: In Good Standing Licensed: 34 Years
83 Pleasant Street, Auburn, ME 04210
Profile LAWPOINTS™34/100
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Naples, ME 04055
Profile LAWPOINTS™19/100
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Richard J. O'Brien
Wills, Trusts, Reorganization, Bankruptcy
Status: In Good Standing Licensed: 42 Years
Auburn, ME 04212
Profile LAWPOINTS™34/100
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Shawn K. Bell
Wills, Civil & Human Rights, Business & Trade, Reorganization
Status: In Good Standing Licensed: 33 Years
810 Lisbon Street, Lewiston, ME 04241
Profile LAWPOINTS™29/100
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500 Canal Street, Lewiston, ME 04240
Profile LAWPOINTS™29/100
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Robert H. Avaunt
Federal Appellate Practice, Wills & Probate, Business & Trade, Personal Injury
Status: In Good Standing Licensed: 51 Years
31 Main Street, Gray, ME 04039
Profile LAWPOINTS™19/100
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LEGAL TERMS
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.
UNIFORM TRANSFER-ON-DEATH SECURITY ACT
A statute that allows people to name a beneficiary to inherit stocks or bonds without probate. The owner of the securities can register them with a broker using... (more...)
A statute that allows people to name a beneficiary to inherit stocks or bonds without probate. The owner of the securities can register them with a broker using a simple form that names a person to receive the property after the owner's death. Every state but Texas has adopted the statute.
WARRANTY DEED
A seldom-used type of deed that contains express assurances about the legal validity of the title being transferred.
PRETERMITTED HEIR
A child or spouse who is not mentioned in a will and whom the court believes was accidentally overlooked by the person who made the will. For example, a child b... (more...)
A child or spouse who is not mentioned in a will and whom the court believes was accidentally overlooked by the person who made the will. For example, a child born or adopted after the will is made may be deemed a pretermitted heir. If the court determines that an heir was accidentally omitted, that heir is entitled to receive the same share of the estate as she would have if the deceased had died without a will. A pretermitted heir is sometimes called an 'omitted heir.'
DEED OF TRUST
See trust deed.
ADMINISTRATOR
A person appointed by a probate court to handle the distribution of property of someone who has died without a will, or with a will that fails to name someone t... (more...)
A person appointed by a probate court to handle the distribution of property of someone who has died without a will, or with a will that fails to name someone to carry out this task. administrator ad litem A person appointed by a probate court to represent an estate during a lawsuit. (Ad litem is Latin for 'during the litigation.') An administrator ad litem is appointed only if there is no existing executor or administrator of the estate, or if the executor or administrator has conflicting interests. For example, Jerry's will leaves most of his property to his brother, Jeff, and also names Jeff as executor of the will. But Jerry's sister, Janine, feels that Jerry made the will under improper pressure from Jeff, and brings a lawsuit to challenge it. The court appoints an administrator ad litem to represent Jerry's estate while the lawsuit is in progress. Also known as administrator ad prosequendum, meaning administrator 'during the prosecution.' administrator ad prosequendum See administrator ad litem.administrator cum testamento annexo See administrator with will annexed. administrator de bonis non (DBN) Latin for 'administrator of goods not administered.' This term refers to the person appointed by a probate court to finish probate proceedings when the executor or previous administrator can't finish the job.administrator de bonis non cum testamento annexo (DBNCTA) A baffling title for an administrator appointed by a probate court to take over probate proceedings when the named executor dies, leaving the job unfinished.administrator pendente lite Latin for 'administrator pending litigation.' This term refers to the person appointed by a court to begin probate proceedings during a lawsuit that challenges the will. The administrator pendente lite takes an inventory of the deceased person's property and handles the business affairs of the estate until the dispute is settled. Also called a special administrator.administrator with will annexed An administrator who takes the place of an executor under a will. The administrator steps in either when a will fails to nominate an executor or the named executor is unable to serve. Also called administrator cum testamento annexo or CTA, the Latin version of 'with the will annexed.'
IN TERROREM
Latin meaning 'in fear.' This phrase is used to describe provisions in contracts or wills meant to scare a person into complying with the terms of the agreement... (more...)
Latin meaning 'in fear.' This phrase is used to describe provisions in contracts or wills meant to scare a person into complying with the terms of the agreement. For example, a will might state that an heir will forfeit her inheritance if she challenges the validity of the will. Of course, if the will is challenged and found to be invalid, then the clause itself is also invalid and the heir takes whatever she would have inherited if there were no will.
MINERAL RIGHTS
An ownership interest in the minerals contained in a particular parcel of land, with or without ownership of the surface of the land. The owner of mineral right... (more...)
An ownership interest in the minerals contained in a particular parcel of land, with or without ownership of the surface of the land. The owner of mineral rights is usually entitled to either take the minerals from the land himself or receive a royalty from the party that actually extracts the minerals.
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.
SAMPLE LEGAL CASES
In re Estate of Kingsbury
... Dissent: SAUFLEY, CJ, and ALEXANDER, and SILVER, JJ. CLIFFORD, J. [¶ 1] The estate of
Bruce H. Kingsbury, through its personal representative, Robin L. Whorff, appeals from an order
entered in the Sagadahoc County Probate Court (Voorhees, J.) (1) providing that Whorff ...
IN RE ESTATE OF LIPIN
... PER CURIAM. [¶ 1] Joan Carol Lipin challenges the denial of her request for recusal
entered in the Cumberland County Probate Court (Mazziotti, J.) in connection with
the probate of the estate of her father, Theodore Lipin. We ...
Edwards v. Campbell
... Campbell has appealed. II. DISCUSSION. [¶ 6] Campbell first contends that the court lacked
subject matter jurisdiction to issue the contempt order as to the trust accounting, arguing instead
that the Probate Court has exclusive jurisdiction over such matters. ...
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