Paul Wills & Probate Lawyer, Idaho


Includes: Estate Administration, Living Wills, Wills

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Free Help: Use This Form or Call 800-943-8690

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800-943-8690

Free Help: Use This Form or Call 800-943-8690

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LEGAL TERMS

FAILURE OF ISSUE

A situation in which a person dies without children who could have inherited her property.

SPRINKLING TRUST

A trust that gives the person managing it (the trustee) the discretion to disburse its funds among the beneficiaries in any way he or she sees fit.

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.

FUNDING A TRUST

Transferring ownership of property to a trust.

QTIP TRUST

A type of trust for wealthy married couples that allows a surviving spouse to postpone estate taxes. A QTIP trust allows the surviving spouse to make use of the... (more...)
A type of trust for wealthy married couples that allows a surviving spouse to postpone estate taxes. A QTIP trust allows the surviving spouse to make use of the trust property tax-free. Taxes are deferred until the surviving spouse dies and the trust property is received by the final trust beneficiaries, who were named by the first spouse to die.

CREDIT SHELTER TRUST

See AB trust.

TESTAMENTARY TRUST

A trust created by a will, effective only upon the death of the willmaker.

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An outdated term for a female administrator -- the person appointed by a court to handle probate on behalf of someone who died without a will.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An outdated term for a female administrator -- the person appointed by a court to handle probate on behalf of someone who died without a will.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.

SAMPLE LEGAL CASES

Losser v. Bradstreet

... This Court is asked to decide whether Losser is permitted to bring an independent action to recover attorney fees and costs incurred in earlier probate proceedings. ... Upon their mother's death, Bradstreet submitted a holographic will for informal probate. ...

IN THE MATTER OF ESTATE OF McKEE

... On March 16, 2007, the magistrate court held a hearing to consider the Motion for Partial Distribution, the Motion to Dismiss Probate, and a Motion to Strike the Affidavit of Bill E. McKee. ... B. The informal probate was barred by the statute of limitations. ...

City of Huetter v. Keene

... In White v. Young, 88 Idaho 188, 397 P.2d 756 (1964), we stated what it means to "qualify." Crowley was elected as a probate judge on November 3, 1964, and on November 9th he took and filed the oath of office and filed the required bond. ...