Zalma Estate Planning Lawyer, Missouri, page 3
Includes: Gift Taxation
200 S. Washington Street, East Prairie, MO 63845
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LEGAL TERMS
GRANTOR
Someone who creates a trust. Also called a trustor or settlor.
INTESTATE
The condition of dying without a valid will. The probate court appoints an administrator to distribute the deceased person's property according to state law.
IN TERROREM
Latin meaning 'in fear.' This phrase is used to describe provisions in contracts or wills meant to scare a person into complying with the terms of the agreement... (more...)
Latin meaning 'in fear.' This phrase is used to describe provisions in contracts or wills meant to scare a person into complying with the terms of the agreement. For example, a will might state that an heir will forfeit her inheritance if she challenges the validity of the will. Of course, if the will is challenged and found to be invalid, then the clause itself is also invalid and the heir takes whatever she would have inherited if there were no will.
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.
KINDRED
Under some state's probate codes, all relatives of a deceased person.
DEATH TAXES
Taxes levied at death, based on the value of property left behind. Federal death taxes are called estate taxes. Some states levy inheritance taxes on people who... (more...)
Taxes levied at death, based on the value of property left behind. Federal death taxes are called estate taxes. Some states levy inheritance taxes on people who inherit property.
EXECUTOR
The person named in a will to handle the property of someone who has died. The executor collects the property, pays debts and taxes, and then distributes what's... (more...)
The person named in a will to handle the property of someone who has died. The executor collects the property, pays debts and taxes, and then distributes what's left, as specified in the will. The executor also handles any probate court proceedings and notifies people and organizations of the death. Also called personal representatives.
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.
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
Cramer v. Smoot
... Without seeking his permission, Smoot and Rice, Cramer's step-children, withdrew $58,000 from
the senior citizen's savings account. Both were listed on the account for estate planning purposes
only, and at no time had they contributed any money to the account. ...
WATERMANN v. Fitzpatrick
... a. Eleanor was unable to get out of the car she was in, to execute her Trust and other estate
planning documents; ... a. Wallace and Bonita saw Eleanor every day; b. Bonita scheduled Eleanor's
appointment with Mr. Zick, to discuss Eleanor's estate planning, and. ...
IN THE MATTER OF GENE WILD INSURANCE TRUST US BANK
... On July 10, 1990, Shirley Gene Wild ("Decedent") executed a number of estate-planning
documents, including the Gene Wild Revocable Trust agreement, which created the Gene Wild
Revocable Trust ("Revocable Trust"), and the Gene Wild Insurance Trust agreement, which ...
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