Starr Estate Lawyer, South Carolina
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Robert B. King
Wills & Probate, Family Law, Corporate, Medical Malpractice
Status: In Good Standing Licensed: 40 Years
Anderson, SC 29624
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213 East Calhoun Street, Anderson, SC 29622
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213 East Calhoun Street, Anderson, SC 29622
Profile LAWPOINTS™29/100
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LEGAL TERMS
SPENDTHRIFT TRUST
A trust created for a beneficiary the grantor considers irresponsible about money. The trustee keeps control of the trust income, doling out money to the benefi... (more...)
A trust created for a beneficiary the grantor considers irresponsible about money. The trustee keeps control of the trust income, doling out money to the beneficiary as needed, and sometimes paying third parties (creditors, for example) on the beneficiary's behalf, bypassing the beneficiary completely. Spendthrift trusts typically contain a provision prohibiting creditors from seizing the trust fund to satisfy the beneficiary's debts. These trusts are legal in most states, even though creditors hate them.
DISTRIBUTEE
(1) Anyone who receives something. Usually, the term refers to someone who inherits a deceased person's property. If the deceased person dies without a will (ca... (more...)
(1) Anyone who receives something. Usually, the term refers to someone who inherits a deceased person's property. If the deceased person dies without a will (called intestate), state law determines what each distributee will receive. Also called a beneficiary.
FUNDING A TRUST
Transferring ownership of property to a trust.
PRETERMITTED HEIR
A child or spouse who is not mentioned in a will and whom the court believes was accidentally overlooked by the person who made the will. For example, a child b... (more...)
A child or spouse who is not mentioned in a will and whom the court believes was accidentally overlooked by the person who made the will. For example, a child born or adopted after the will is made may be deemed a pretermitted heir. If the court determines that an heir was accidentally omitted, that heir is entitled to receive the same share of the estate as she would have if the deceased had died without a will. A pretermitted heir is sometimes called an 'omitted heir.'
CONTINGENT BENEFICIARY
1) An alternate beneficiary named in a will, trust or other document. 2) Any person entitled to property under a will if one or more prior conditions are satisf... (more...)
1) An alternate beneficiary named in a will, trust or other document. 2) Any person entitled to property under a will if one or more prior conditions are satisfied. For example, if Fred is entitled to take property under a will only if he's married at the time of the will maker's death, Fred is a contingent beneficiary. Similarly, if Ellen is named to receive a house only in the event her mother, who has been named to live in the house, moves out of it, Ellen is a contingent beneficiary.
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.
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.'
INTER VIVOS TRUST
The Latin name, favored by some lawyers, for a living trust. 'Inter vivos' is Latin for 'between the living.'
BENEFICIARY
A person or organization legally entitled to receive benefits through a legal device, such as a will, trust or life insurance policy.
SAMPLE LEGAL CASES
Robinson v. Estate of Harris
In their amended complaint, Appellants requested the 2000 foreclosure be set aside because
of ineffective service of process on Kathleen and Bobbie L. Brown, the mortgagors of Duggan
Property when it went into foreclosure. On April 27, 2005, Duggan filed an answer in ...
Estate of Carr ex rel. Bolton v. CIRCLE S ENT. INC.
In late September 2000, Linda Carr (Linda) was in the market to buy an automobile. Linda, her
mother Beatrice Carr (Beatrice), and the rest of her family went to the Dealership to purchase
a vehicle for Linda. While negotiating for the purchase of a 1999 Chrysler Sebring ...
In re Estate of Anderson
In re ESTATE OF Jettie Byrd F. ANDERSON Sarah Anderson Lee, Appellant, v. Burney V.
Locklear, III, Individually and as Personal Representative of the Estate of Jettie Byrd F.
Anderson, Edward Eugene Locklear, Otis D. Anderson, Regina A. Mistic, Gale A. ...
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