The court process following a person's death that includes proving the authenticity of the deceased person's will appointing someone to handle the deceased pers... (more...)

The court process following a person's death that includes proving the authenticity of the deceased person's will appointing someone to handle the deceased person's affairs identifying and inventorying the deceased person's property paying debts and taxes identifying heirs, and distributing the deceased person's property according to the will or, if there is no will, according to state law. Formal court-supervised probate is a costly, time-consuming process -- a windfall for lawyers -- which is best avoided if possible.

WARRANTY DEED

A seldom-used type of deed that contains express assurances about the legal validity of the title being transferred.

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.

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.

FAILURE OF ISSUE

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

CHARITABLE TRUST

Any trust designed to make a substantial gift to a charity and also achieve income and estate tax savings for the person who creates the trust (the grantor).

PREDECEASED SPOUSE

In the law of wills, a spouse who dies before the will maker while still married to him or her.

INVESTOR

A person who makes investments. An investor may act either for herself or on behalf of others. A stock broker or mutual fund manager, for instance, makes invest... (more...)

A person who makes investments. An investor may act either for herself or on behalf of others. A stock broker or mutual fund manager, for instance, makes investments for others who have entrusted her with their money.

FAMILY ALLOWANCE

A certain amount of a deceased person's money to which immediate family members are entitled at the beginning of the probate process. The allowance is meant to ... (more...)

A certain amount of a deceased person's money to which immediate family members are entitled at the beginning of the probate process. The allowance is meant to help support the surviving spouse and children during the time it takes to probate the estate. The amount is determined by state law and varies greatly from state to state.

SAMPLE LEGAL CASES

Carcano v. JBSS, LLC

... Constructive trusts ordinarily arise from actual or constructive fraud and usually involve the "`breach of a confidential relationship.'" Patterson v. Strickland, 133 NCApp. ... Trusts created by operation of law are classified into resulting trusts and constructive trusts. ...

Livesay v. Carolina First Bank

... NC Gen.Stat. Â§ 36C-5-505(a)(3) (2007). The section was enacted in 2005, became effective on 1 January 2006, and applies to. (i) all trusts created before, on, or after that date; (ii) all judicial proceedings concerning trusts commenced on or after that date; and (iii) judicial ...

In re Ernst & Young, LLP

... Carolina. In 1996, with the assistance of Ernst & Young, Wal-Mart underwent corporate restructuring to implement these tax shelters and placed substantially all of its real estate interests in real estate investment trusts ("REITs"). ...

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LEGAL TERMS

PROBATE

WARRANTY DEED

SURVIVING SPOUSE'S TRUST

SWEARING MATCH

FAILURE OF ISSUE

CHARITABLE TRUST

PREDECEASED SPOUSE

INVESTOR

FAMILY ALLOWANCE

SAMPLE LEGAL CASES

Carcano v. JBSS, LLC

Livesay v. Carolina First Bank

In re Ernst & Young, LLP

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