South Wellfleet Wills & Probate Lawyer, Massachusetts
Includes: Estate Administration, Living Wills, Wills
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James P O'Brien
Real Estate, Wills & Probate, Estate, Business
Status: In Good Standing Licensed: 35 Years
19A Cove Road, Orleans, MA 02653
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LEGAL TERMS
PREDECEASED SPOUSE
In the law of wills, a spouse who dies before the will maker while still married to him or her.
INTESTATE SUCCESSION
The method by which property is distributed when a person dies without a valid will. Each state's law provides that the property be distributed to the closest s... (more...)
The method by which property is distributed when a person dies without a valid will. Each state's law provides that the property be distributed to the closest surviving relatives. In most states, the surviving spouse, children, parents, siblings, nieces and nephews, and next of kin inherit, in that order.
ADEMPTION
The failure of a bequest of property in a will. The gift fails (is 'adeemed') because the person who made the will no longer owns the property when he or she di... (more...)
The failure of a bequest of property in a will. The gift fails (is 'adeemed') because the person who made the will no longer owns the property when he or she dies. Often this happens because the property has been sold, destroyed or given away to someone other than the beneficiary named in the will. A bequest may also be adeemed when the will maker, while still living, gives the property to the intended beneficiary (called 'ademption by satisfaction'). When a bequest is adeemed, the beneficiary named in the will is out of luck; he or she doesn't get cash or a different item of property to replace the one that was described in the will. For example, Mark writes in his will, 'I leave to Rob the family vehicle,' but then trades in his car in for a jet ski. When Mark dies, Rob will receive nothing. Frustrated beneficiaries may challenge an ademption in court, especially if the property was not clearly identified in the first place.
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.
IRREVOCABLE TRUST
A permanent trust. Once you create it, it cannot be revoked, amended or changed in any way.
TAKING AGAINST THE WILL
A procedure under state law that gives a surviving spouse the right to demand a certain share (usually one-third to one-half) of the deceased spouse's property.... (more...)
A procedure under state law that gives a surviving spouse the right to demand a certain share (usually one-third to one-half) of the deceased spouse's property. The surviving spouse can take that share instead of accepting whatever he or she inherited through the deceased spouse's will. If the surviving spouse decides to take the statutory share, it's called 'taking against the will.' Dower and curtesy is another name for the same legal process.
RULE AGAINST PERPETUITIES
An exceedingly complex legal doctrine that limits the amount of time that property can be controlled after death by a person's instructions in a will. For examp... (more...)
An exceedingly complex legal doctrine that limits the amount of time that property can be controlled after death by a person's instructions in a will. For example, a person would not be allowed to leave property to her husband for his life, then to her children for their lives, then to her grandchildren. The gift would potentially go to the grandchildren at a point too remote in time.
TRUSTEE POWERS
The provisions in a trust document defining what the trustee may and may not do.
SAMPLE LEGAL CASES
Brantley v. Hampden Division of the Probate and Family Court Department
Two petitioners filed an amended complaint in the county court seeking relief under GL c.
211, § 3, as well as declaratory and injunctive relief, to halt the respondents' use of the protocols
on the ground that they infringed the petitioners' rights of due process under the Federal ...
Davidson v. Register of Probate for Essex County
[2] Davidson failed in his petition to name as a respondent the mother of the child, who was his
adversary in the underlying litigation. See SJC Rule 2:22, 422 Mass. 1302 (1996); Jordan v.
Register of Probate for Hampden County, 426 Mass. 1020 (1998). ... [3] Further appellate ...
Watson v. Walker
... Lawrence Watson appeals from a judgment of a single justice of this court denying his petition
for relief pursuant to GL c. 211, § 3. [2] Watson seeks relief from a decision of the Appeals Court
affirming a final judgment of the Probate and Family Court. LW v. SW, 68 Mass. App. ...
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