Rehoboth Beach Trusts Lawyer, Delaware
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Larry W. Fifer
Real Estate, Wills & Probate, Trusts, Criminal
Status: In Good Standing Licensed: 51 Years
1201-B Savannah Road, Lewes, DE 19958
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29 Black Duck Reach, Dewey Beach, DE 19971
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LEGAL TERMS
ABSTRACT OF TRUST
A condensed version of a living trust document, which leaves out details of what is in the trust and the identity of the beneficiaries. You can show an abstract... (more...)
A condensed version of a living trust document, which leaves out details of what is in the trust and the identity of the beneficiaries. You can show an abstract of trust to a financial organization or other institution to prove that you have established a valid living trust, without revealing specifics that you want to keep private. In some states, this document is called a 'certification of trust.'
FUNDING A TRUST
Transferring ownership of property to a trust.
SUCCESSION
The passing of property or legal rights after death. The word commonly refers to the distribution of property under a state's intestate succession laws, which d... (more...)
The passing of property or legal rights after death. The word commonly refers to the distribution of property under a state's intestate succession laws, which determine who inherits property when someone dies without a valid will. When used in connection with real estate, the word refers to the passing of property by will or inheritance, as opposed to gift, grant, or purchase.
ESTATE PLANNING
The art of continuing to prosper when you're alive, and passing your property to your loved ones with a minimum of fuss and expense after you die. Planning your... (more...)
The art of continuing to prosper when you're alive, and passing your property to your loved ones with a minimum of fuss and expense after you die. Planning your estate may involve making a will, living trust, healthcare directives, durable power of attorney for finances or other documents.
TRUST CORPUS
Latin for 'the body' of the trust. This term refers to all the property transferred to a trust. For example, if a trust is established (funded) with $250,000, t... (more...)
Latin for 'the body' of the trust. This term refers to all the property transferred to a trust. For example, if a trust is established (funded) with $250,000, that money is the corpus. Sometimes the trust corpus is known as the 'res,' a Latin word meaning 'thing.'
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.
LETTERS TESTAMENTARY
The document given to an executor by the probate court, authorizing the executor to settle the estate according to either a will or the state's intestate succes... (more...)
The document given to an executor by the probate court, authorizing the executor to settle the estate according to either a will or the state's intestate succession laws.
PETITION
A formal written request made to a court, asking for an order or ruling on a particular matter. For example, if you want to be appointed conservator for an elde... (more...)
A formal written request made to a court, asking for an order or ruling on a particular matter. For example, if you want to be appointed conservator for an elderly relative, you must file a petition with a court. See also complaint.
SWEARING MATCH
A case that turns on the word of one witness versus another. The outcome of a swearing match usually depends on whom the jury finds most trustworthy.
SAMPLE LEGAL CASES
Cargill, Inc. v. JWH SPEC. CIRCUMSTANCE LLC
... With two major carve-outs, the Act explicitly subjects Delaware statutory trusts to
existing trust law concepts. Section ... 2. Does the Act itself preempt duties the Cargill
Plaintiffs otherwise would have had under the law of trusts? As ...
IN THE MATTER OF LAMMOT DU PONT COPELAND TRUST NO. 5400
... MEMORANDUM OPINION. CHANDLER, Chancellor. This case presents, on summary
judgment, the narrow question of whether the assets of two trusts, upon their future termination,
are to be distributed to their beneficiaries per stirpes or per capita. ...
IN THE MATTER OF LAST WILL AND TESTAMENT OF DALAND
... The issue before me is whether a validly executed will can be reformed by inserting language
intended to exercise testator's powers of appointment over his parents' trusts, language which
is alleged to have been omitted mistakenly by the scrivener during the process of drafting ...
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