West Point Wills & Probate Lawyer, Nebraska
Includes: Estate Administration, Living Wills, Wills
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CONTACT 11819 Stonegate Drive, Omaha, NE 68164
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Patricia M. Samuels
Wills & Probate, Estate Planning, Family Law, Personal Injury
Status: In Good Standing Licensed: 34 Years
2425 Taylor Ave, Norfolk, NE 68702
Profile LAWPOINTS™44/100
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LEGAL TERMS
DEED OF TRUST
See trust deed.
HEIR APPARENT
One who expects to be receive property from the estate of a family member, as long as she outlives that person.
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.
AB TRUST
A trust that allows couples to reduce or avoid estate taxes. Each spouse puts his or her property in an AB trust. When the first spouse dies, his or her half of... (more...)
A trust that allows couples to reduce or avoid estate taxes. Each spouse puts his or her property in an AB trust. When the first spouse dies, his or her half of the property goes to the beneficiaries named in the trust -- commonly, the grown children of the couple -- with the crucial condition that the surviving spouse has the right to use the property for life and is entitled to any income it generates. The surviving spouse may even be allowed to spend principal in certain circumstances. When the surviving spouse dies, the property passes to the trust beneficiaries. It is not considered part of the second spouse's estate for estate tax purposes. Using this kind of trust keeps the second spouse's taxable estate half the size it would be if the property were left directly to the spouse. This type of trust is also known as a bypass or credit shelter trust.
QDOT TRUST
A trust used to postpone estate tax when more than the amount of the personal federal estate tax exemption is left to a non-U.S. citizen spouse by the other spo... (more...)
A trust used to postpone estate tax when more than the amount of the personal federal estate tax exemption is left to a non-U.S. citizen spouse by the other spouse. QDOT stands for qualified domestic trust.
TRUST DEED
The most common method of financing real estate purchases in California (most other states use mortgages). The trust deed transfers the title to the property to... (more...)
The most common method of financing real estate purchases in California (most other states use mortgages). The trust deed transfers the title to the property to a trustee -- often a title company -- who holds it as security for a loan. When the loan is paid off, the title is transferred to the borrower. The trustee will not become involved in the arrangement unless the borrower defaults on the loan. At that point, the trustee can sell the property and pay the lender from the proceeds.
SUMMARY PROBATE
A relatively simple probate proceeding available for 'small estates,' as that term is defined by state law. Every state's definition is different, and many are ... (more...)
A relatively simple probate proceeding available for 'small estates,' as that term is defined by state law. Every state's definition is different, and many are complicated, but a few examples include estates worth up to $100,000 in California; New York estates where property, excluding real estate and amounts that must be set aside for surviving family members, is worth $20,000 or less; and Texas estates where the value of property doesn't exceed what is needed to pay a family allowance and certain creditors.
ESTATE TAXES
Taxes imposed by the state or federal government on property as it passes from the dead to the living. All property you own, whatever the form of ownership, and... (more...)
Taxes imposed by the state or federal government on property as it passes from the dead to the living. All property you own, whatever the form of ownership, and whether or not it goes through probate after your death, is subject to federal estate tax. Currently, however, federal estate tax is due only if your property is worth at least $2 million when you die. The estate tax is scheduled to be repealed for one year, in 2010, but Congress will probably make the repeal (or a very high exempt amount) permanent. Any property left to a surviving spouse (if he or she is a U.S. citizen) or a tax-exempt charity is exempt from federal estate taxes. Many states now also impose their own estate taxes or inheritance taxes.
HEIR AT LAW
A person entitled to inherit property under intestate succession laws.
SAMPLE LEGAL CASES
In re Estate of Chrisp
... In February 2005, Gail filed a petition for formal probate in a supervised administration. In March
2005, the county court admitted Chrisp's will to probate, and Gail accepted appointment as the
estate's personal representative. ... (b) "Estate" in § 30-2314 Means "Probate Estate". ...
In re Estate of Cooper
... ANALYSIS. The Filing of a Statement of Claim in a Probate Proceeding Does Not Constitute the
Practice of Law. ... The Filing of a Demand for Notice in a Probate Proceeding by an Attorney Not
Licensed to Practice Law in This State Is Not the Unauthorized Practice of Law. ...
Clark v. Clark
... transfer. Article 27 of the Nebraska Probate Code governs nonprobate transfers. [2]
Section 30-2715 provides: ... [6] Therefore, we do not address this assignment of error.
FILING OF CLAIM IN PROBATE OF LIBBIE'S ESTATE. Finally ...
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