Westchester Estate Planning Lawyer, Illinois, page 5

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Includes: Gift Taxation

Martin J. Lillig

International Tax, Government, Estate Planning, Estate
Status:  In Good Standing           Licensed:  58 Years

Jonathan David Herpy

Entertainment, Estate Planning, Civil Rights, Business
Status:  In Good Standing           Licensed:  12 Years

Masaru Takiguchi

Estate Planning, Transactions, Corporate, Bankruptcy
Status:  In Good Standing           Licensed:  39 Years

Masaru Kubota Takiguchi

Land Use & Zoning, Estate Planning, Transactions, Bankruptcy
Status:  In Good Standing           Licensed:  39 Years

Leonard Samuel Defranco

Real Estate, International Tax, Estate Planning, Corporate
Status:  In Good Standing           Licensed:  46 Years

Gary Evans

Estate Planning
Status:  In Good Standing           Licensed:  39 Years

Gary Randall Evans

Commercial Real Estate, Estate Planning, Civil Rights, Banking & Finance
Status:  In Good Standing           Licensed:  38 Years

Harry J. Fournier

Real Estate, Estate Planning, Transactions
Status:  In Good Standing           Licensed:  28 Years

James Michael Pauletto

Real Estate, Estate Planning, Transactions, Business
Status:  In Good Standing           Licensed:  45 Years

James Pauletto

Commercial Real Estate, Estate Planning, Transactions, Business
Status:  In Good Standing           Licensed:  45 Years

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Easily find Westchester Estate Planning Lawyers and Westchester Estate Planning Law Firms. For more attorneys, search all Estate areas including Trusts, Wills & Probate and Power of Attorney attorneys.

LEGAL TERMS

STATUTORY SHARE

The portion of a deceased person's estate that a spouse is entitled to claim under state law. The statutory share is usually one-third or one-half of the deceas... (more...)
The portion of a deceased person's estate that a spouse is entitled to claim under state law. The statutory share is usually one-third or one-half of the deceased spouse's property, but in some states the exact amount of the spouse's share depends on whether or not the couple has young children and, in a few states, on how long the couple was married. In most states, if the deceased spouse left a will, the surviving spouse must choose either what the will provides or the statutory share. Sometimes the statutory share is known by its more arcane legal name, dower and curtesy, or as a forced or elective share.

PER CAPITA

Under a will, the most common method of determining what share of property each beneficiary gets when one of the beneficiaries dies before the willmaker, leavin... (more...)
Under a will, the most common method of determining what share of property each beneficiary gets when one of the beneficiaries dies before the willmaker, leaving 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 capita, Julie and the two grandchildren will each take a third. If, on the other hand, 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).

FAILURE OF ISSUE

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

PREDECEASED SPOUSE

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

SURROGATE COURT

See probate court.

LAPSE

Under a will, the failure of a gift of property. A gift lapses when the beneficiary dies before the person who made the will, and no alternate has been named. S... (more...)
Under a will, the failure of a gift of property. A gift lapses when the beneficiary dies before the person who made the will, and no alternate has been named. Some states have anti-lapse statutes, which prevent gifts to relatives of the deceased person from lapsing unless the relative has no heirs of his or her own. A lapsed gift becomes part of the residuary estate.

BEQUEATH

A legal term sometimes used in wills that means 'leave' -- for example, 'I bequeath my garden tools to my brother-in-law, Buster Jenkins.'

TRUSTEE POWERS

The provisions in a trust document defining what the trustee may and may not do.

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.

SAMPLE LEGAL CASES

Dunn v. Patterson

... for them. The circuit court of Will County entered judgment on the pleadings, finding, as a matter of law, that provisions in certain estate planning documents prepared by defendant were contrary to public policy and void. The ...

Fitch v. McDermott, Will and Emery, LLP

... Around the same time, defendants Joseph Dietrich and John Dietrich (hereafter the Dietrichs), both certified public accountants, provided financial and accounting services for estate planning purposes to Victoria and her husband, plaintiff Thomas Fitch. ...

In re Estate of Henry

... Accordingly, the estate petitioned the court to allow the estate to execute estate planning documents for Henry which, it contended, were consistent with his known wishes and which would be "free from the taint of the undue influence and fraud which was assembled upon the ...