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Cleveland Wills & Probate Lawyer, Tennessee


Includes: Estate Administration, Living Wills, Wills

William J Brown

Wills & Probate, Corporate, Workers' Compensation, Wills, Traffic
Status:  In Good Standing           

George Nathan Mccoin

Wills & Probate
Status:  In Good Standing           Licensed:  38 Years

Robert Bryant Wilson

Wills & Probate, Estate Planning, Trusts
Status:  In Good Standing           Licensed:  41 Years

Theresa Light Critchfield

Construction, Reorganization, Litigation, Wills & Probate
Status:  In Good Standing           Licensed:  13 Years

Vance Fry

Military, Elder Law, Wills & Probate, Estate Planning
Status:  In Good Standing           Licensed:  38 Years

Vance Hewitt Fry

Military, Elder Law, Wills & Probate, Estate Planning
Status:  In Good Standing           Licensed:  38 Years

Bradley Loyed Hendrix

Corporate, Reorganization, Labor Law, Wills & Probate
Status:  In Good Standing           Licensed:  16 Years

Zach Paul Morris

Corporate, Products Liability, Labor Law, Wills & Probate
Status:  In Good Standing           Licensed:  9 Years

Stephanie Hall

Corporate, Labor Law, Litigation, Wills & Probate
Status:  In Good Standing           Licensed:  16 Years

Stephanie Lee Hall

Corporate, Labor Law, Litigation, Wills & Probate
Status:  In Good Standing           Licensed:  16 Years

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LEGAL TERMS

RESIDUARY ESTATE

The property that remains in a deceased person's estate after all specific gifts are made, and all debts, taxes, administrative fees, probate costs, and court c... (more...)
The property that remains in a deceased person's estate after all specific gifts are made, and all debts, taxes, administrative fees, probate costs, and court costs are paid. The residuary estate also includes any gifts under a will that fail or lapse. For example, Connie's will leaves her house and all its furnishings to Andrew, her VW bug to her friend Carl, and the remainder of her property (the residuary estate) to her sister Sara. She doesn't name any alternate beneficiaries. Carl dies before Connie. The VW bug becomes part of the residuary estate and passes to Sara, along with all of Connie's property other than the house and furnishings. Also called the residual estate or residue.

RULE AGAINST PERPETUITIES

An exceedingly complex legal doctrine that limits the amount of time that property can be controlled after death by a person's instructions in a will. For examp... (more...)
An exceedingly complex legal doctrine that limits the amount of time that property can be controlled after death by a person's instructions in a will. For example, a person would not be allowed to leave property to her husband for his life, then to her children for their lives, then to her grandchildren. The gift would potentially go to the grandchildren at a point too remote in time.

SECONDARY MEANING

In trademark law, a mark that is not inherently distinctive becomes protected after developing a 'secondary meaning': great public recognition through long use ... (more...)
In trademark law, a mark that is not inherently distinctive becomes protected after developing a 'secondary meaning': great public recognition through long use and exposure in the marketplace. For example, though first names are not generally considered inherently distinctive, Ben & Jerry's Ice Cream has become so well known that it is now entitled to maximum trademark protection.

TRUST CORPUS

Latin for 'the body' of the trust. This term refers to all the property transferred to a trust. For example, if a trust is established (funded) with $250,000, t... (more...)
Latin for 'the body' of the trust. This term refers to all the property transferred to a trust. For example, if a trust is established (funded) with $250,000, that money is the corpus. Sometimes the trust corpus is known as the 'res,' a Latin word meaning 'thing.'

ENTITY

An organization, institution or being that has its own existence for legal or tax purposes. An entity is often an organization with an existence separate from i... (more...)
An organization, institution or being that has its own existence for legal or tax purposes. An entity is often an organization with an existence separate from its individual members--for example, a corporation, partnership, trust, estate or government agency. The entity is treated like a person; it can function legally, be sued, and make decisions through agents.

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.

SURROGATE COURT

See probate court.

SELF-PROVING WILL

A will that is created in a way that allows a probate court to easily accept it as the true will of the person who has died. In most states, a will is self-prov... (more...)
A will that is created in a way that allows a probate court to easily accept it as the true will of the person who has died. In most states, a will is self-proving when two witnesses sign under penalty of perjury that they observed the willmaker sign it and that he told them it was his will. If no one contests the validity of the will, the probate court will accept the will without hearing the testimony of the witnesses or other evidence. To make a self-proving will in other states, the willmaker and one or more witnesses must sign an affidavit (sworn statement) before a notary public certifying that the will is genuine and that all willmaking formalities have been observed.

INTER VIVOS TRUST

The Latin name, favored by some lawyers, for a living trust. 'Inter vivos' is Latin for 'between the living.'

SAMPLE LEGAL CASES

In re Estate of Davis

... In this interlocutory appeal, the administrator of the estate of the decedent argues that a petition for probate, filed more than two years after the probate of an earlier will, is time-barred by Tennessee Code Annotated section 32-4-108, and, therefore, the trial court erroneously ...

In re Estate of Ridley

... J., joined. The issues in this appeal are whether the probate court's order construing the decedent's will was a final judgment and, if so, whether the appellee's notice of appeal was timely. ... The probate court entered an order construing the will on September 17, 2004. ...

GEORGIA O'KEEFFE FOUNDATION v. Fisk Univ.

... Mr. Stieglitz's Last Will and Testament was admitted to probate in the Surrogate's Court of New York County, New York, on September 13, 1946, at which time his widow, Georgia O'Keeffe, was appointed Executrix of the estate. ...