Whiteville Trusts Lawyer, North Carolina
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14 South Fifth Avenue, Wilmington, NC 28401
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Sandra L Darby
Real Estate, Wills & Probate, Trusts, Estate
Status: In Good Standing Licensed: 42 Years
1430 N Howe St, Southport, NC 28461
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Fredric C. Hall
Real Estate, Trusts, Wills & Probate, Criminal, Estate
Status: In Good Standing Licensed: 43 Years
P. O. Box 816, Wallace, NC 28466
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LEGAL TERMS
OFFICER
A person elected by a profit or nonprofit corporation's board of directors, or by the manager of a limited liability company, to manage the day-to-day operation... (more...)
A person elected by a profit or nonprofit corporation's board of directors, or by the manager of a limited liability company, to manage the day-to-day operations of the organization. Officers generally hold titles such as President or Treasurer. Many states and most corporate bylaws or LLC operating agreements require a corporation or LLC to have a president, secretary and treasurer. Election of a vice president may be required by state law.
PUBLISHED WORK
An original work of authorship that is considered published for purposes of copyright law. A work is 'published' when it is first made available to the public o... (more...)
An original work of authorship that is considered published for purposes of copyright law. A work is 'published' when it is first made available to the public on an unrestricted basis. It is thus possible to display a work, or distribute it with restrictions on disclosure of its contents, without actually 'publishing' it. Both published and unpublished works are entitled to copyright protection, but some of the rules differ.
PROPERTY CONTROL TRUST
Any trust that imposes limits or controls over the rights of trust beneficiaries. These trusts include (1) special needs trusts designed to assist people who ha... (more...)
Any trust that imposes limits or controls over the rights of trust beneficiaries. These trusts include (1) special needs trusts designed to assist people who have special physical, emotional or other requirements, (2) spendthrift trusts designed to prevent a beneficiary from wasting the trust principal; and (3) sprinkling trusts that allow the trustee to decide how to distribute trust income or principal among the beneficiaries.
TRUSTEE POWERS
The provisions in a trust document defining what the trustee may and may not do.
FINAL BENEFICIARY
The person or institution designated to receive trust property upon the death of a life beneficiary. For example, Jim creates a trust through which his wife Jan... (more...)
The person or institution designated to receive trust property upon the death of a life beneficiary. For example, Jim creates a trust through which his wife Jane receives income for the duration of her life. Their daughter, the final beneficiary, receives the trust principal after Jane's death.
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.
PERSONAL PROPERTY
All property other than land and buildings attached to land. Cars, bank accounts, wages, securities, a small business, furniture, insurance policies, jewelry, p... (more...)
All property other than land and buildings attached to land. Cars, bank accounts, wages, securities, a small business, furniture, insurance policies, jewelry, patents, pets and season baseball tickets are all examples of personal property. Personal property may also be called personal effects, movable property, goods and chattel, and personalty. Compare real estate.
AUGMENTED ESTATE
In general terms, an augmented estate consists of property owned by both a deceased person and his or her spouse. The concept of the augmented estate is used on... (more...)
In general terms, an augmented estate consists of property owned by both a deceased person and his or her spouse. The concept of the augmented estate is used only in some states. Its value is calculated only if a surviving spouse declines whatever he or she was left by will and instead claims a share of the deceased spouse's estate. (This is called taking against the will.) The amount of this 'statutory share' or 'elective share' depends on state law.
LIVING TRUST
A trust you can set up during your life. Living trusts are an excellent way to avoid the cost and hassle of probate because the property you transfer into the t... (more...)
A trust you can set up during your life. Living trusts are an excellent way to avoid the cost and hassle of probate because the property you transfer into the trust during your life passes directly to the trust beneficiaries after you die, without court involvement. The successor trustee--the person you appoint to handle the trust after your death--simply transfers ownership to the beneficiaries you named in the trust. Living trusts are also called 'inter vivos trusts.'
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. § 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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