Perham Trusts Lawyer, Maine, page 4


Francis E. Bemis

Business, Criminal, Real Estate, Litigation, Family Law
Status:  In Good Standing           Licensed:  31 Years

Frank Bishop Sr.

Litigation
Status:  In Good Standing           

Frank Paul D'Alessandro

General Practice
Status:  Suspended           Licensed:  40 Years

Freeman Corey LCSW

General Practice
Status:  Inactive           

Gerald L. Keenan

General Practice
Status:  Deceased           Licensed:  71 Years

Harold L. Stewart

Insurance, Personal Injury
Status:  Deceased           Licensed:  68 Years

Heidi D. Silver

General Practice
Status:  In Good Standing           Licensed:  27 Years

Hugh S. Kirkpatrick

Real Estate, Family Law
Status:  In Good Standing           Licensed:  64 Years

James P. Dunleavy

General Practice
Status:  In Good Standing           Licensed:  56 Years

James M. Dunleavy

Workers' Compensation, Family Law, Criminal, Personal Injury
Status:  In Good Standing           Licensed:  28 Years

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LEGAL TERMS

SURVIVING SPOUSE'S TRUST

If a couple has created an AB trust, the revocable living trust (Trust B) of the surviving spouse, after the first spouse has died.

BENEFICIARY

A person or organization legally entitled to receive benefits through a legal device, such as a will, trust or life insurance policy.

PER STIRPES

Under a will, a method of determining who inherits property when a joint beneficiary has died before the willmaker, leaving living children of his or her own. F... (more...)
Under a will, a method of determining who inherits property when a joint beneficiary has died before the willmaker, leaving living children of his or her own. For example, Fred leaves his house jointly to his son Alan and his daughter Julie. But Alan dies before Fred, leaving two young children. If Fred's will states that heirs of a deceased beneficiary are to receive the property 'per stirpes,' Julie will receive one-half of the property, and Alan's two children will share his half in equal shares (through Alan by right of representation). If, on the other hand, Fred's will states that the property is to be divided per capita, Julie and the two grandchildren will each take a third.

EXEMPTION TRUST

A bypass trust funded with an amount no larger than the personal federal estate tax exemption in the year of death. If the trust grantor leaves property worth m... (more...)
A bypass trust funded with an amount no larger than the personal federal estate tax exemption in the year of death. If the trust grantor leaves property worth more than that amount, it usually goes to the surviving spouse. The trust property passes free from estate tax because of the personal exemption, and the rest is shielded from tax under the surviving spouse's marital deduction.

STATUTORY SHARE

The portion of a deceased person's estate that a spouse is entitled to claim under state law. The statutory share is usually one-third or one-half of the deceas... (more...)
The portion of a deceased person's estate that a spouse is entitled to claim under state law. The statutory share is usually one-third or one-half of the deceased spouse's property, but in some states the exact amount of the spouse's share depends on whether or not the couple has young children and, in a few states, on how long the couple was married. In most states, if the deceased spouse left a will, the surviving spouse must choose either what the will provides or the statutory share. Sometimes the statutory share is known by its more arcane legal name, dower and curtesy, or as a forced or elective share.

INHERIT

To receive property from someone who has died. Traditionally, the word 'inherit' applied only when one received property from a relative who died without a will... (more...)
To receive property from someone who has died. Traditionally, the word 'inherit' applied only when one received property from a relative who died without a will. Currently, however, the word is used whenever someone receives property from the estate of a deceased person.

SURROGATE COURT

See probate court.

ENTITY

An organization, institution or being that has its own existence for legal or tax purposes. An entity is often an organization with an existence separate from i... (more...)
An organization, institution or being that has its own existence for legal or tax purposes. An entity is often an organization with an existence separate from its individual members--for example, a corporation, partnership, trust, estate or government agency. The entity is treated like a person; it can function legally, be sued, and make decisions through agents.

ALTERNATE BENEFICIARY

A person, organization or institution that receives property through a will, trust or insurance policy when the first named beneficiary is unable or refuses to ... (more...)
A person, organization or institution that receives property through a will, trust or insurance policy when the first named beneficiary is unable or refuses to take the property. For example, in his will Jake leaves his collection of sheet music to his daughter, Mia, and names the local symphony as alternate beneficiary. When Jake dies, Mia decides that the symphony can make better use of the sheet music than she can, so she refuses (disclaims) the gift, and the manuscripts pass directly to the symphony. In insurance law, the alternate beneficiary, usually the person who receives the insurance proceeds because the initial or primary beneficiary has died, is called the secondary or contingent beneficiary.

SAMPLE LEGAL CASES

Edwards v. Campbell

... Gutierrez v. Gutierrez, 2007 ME 59, ¶ 13, 921 A.2d 153, 157. [¶ 7] It is not disputed that the Probate Court has jurisdiction over the administration of trusts: "To the full extent provided in sections 3-105, 5-102 and 5-402... over all subject matter relating to... ...

In re Adoption of Patricia S.

... [¶ 1] Patricia S. appeals from a summary judgment entered in the Knox County Probate Court (Emery, J.) in favor of Thomas J. Watson III and George J. Gillespie III, as trustees of two trusts, on their petition to annul party-in-interest Olive W.'s 1991 adoption of Patricia. ...

IN RE PIKE FAMILY TRUSTS

[¶ 2] The essential facts are uncontested. Joyce E. Jack and Elaine A. Pike are the adult children of Clifton and Doris. Clifton died in 2003, and Doris died in 2007. Clifton and Doris executed substantially similar wills on the same date in 1999. Both wills [2] included clauses ...