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surviving spouse's trust
If a couple has created an AB trust, the revocable living trust (Trust B) of the surviving spouse, after the first spouse has died.
A trust designed to save on estate tax. The trust principal is preserved for the trust maker's grandchildren, with his or her children receiving only income (more...)
A trust designed to save on estate tax. The trust principal is preserved for the trust maker's grandchildren, with his or her children receiving only income from the trust. Because the children (the middle generation) never legally own the property, it isn't subject to estate tax at their death. See generation-skipping transfer tax.
deed of trust
See trust deed.
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.
heir at law
A person entitled to inherit property under intestate succession laws.
The document given to an executor by the probate court, authorizing the executor to settle the estate according to either a will or the state's intestate succession laws.
The inability, as determined by a court, to handle one's own personal or financial affairs. A court may declare that a person is incompetent after a hearing at (more...)
The inability, as determined by a court, to handle one's own personal or financial affairs. A court may declare that a person is incompetent after a hearing at which the person is present and/or represented by an attorney. A finding of incompetence may lead to the appointment of a conservator to manage the person's affairs. Also known as 'incompetency.'
1) An alternate beneficiary named in a will, trust or other document. 2) Any person entitled to property under a will if one or more prior conditions are (more...)
1) An alternate beneficiary named in a will, trust or other document. 2) Any person entitled to property under a will if one or more prior conditions are satisfied. For example, if Fred is entitled to take property under a will only if he's married at the time of the will maker's death, Fred is a contingent beneficiary. Similarly, if Ellen is named to receive a house only in the event her mother, who has been named to live in the house, moves out of it, Ellen is a contingent beneficiary.
failure of issue
A situation in which a person dies without children who could have inherited her property.
In their amended complaint, Appellants requested the 2000 foreclosure be set aside because
of ineffective service of process on Kathleen and Bobbie L. Brown, the mortgagors of Duggan
Property when it went into foreclosure. On April 27, 2005, Duggan filed an answer in ...
In late September 2000, Linda Carr (Linda) was in the market to buy an automobile. Linda, her
mother Beatrice Carr (Beatrice), and the rest of her family went to the Dealership to purchase
a vehicle for Linda. While negotiating for the purchase of a 1999 Chrysler Sebring ...
In re ESTATE OF Jettie Byrd F. ANDERSON Sarah Anderson Lee, Appellant, v. Burney V.
Locklear, III, Individually and as Personal Representative of the Estate of Jettie Byrd F.
Anderson, Edward Eugene Locklear, Otis D. Anderson, Regina A. Mistic, Gale A. ...