Cottageville Estate Lawyer, South Carolina, page 2
Benjamin James Powell
Accident & Injury, Estate, Lawsuit & Dispute, Real Estate
Status: In Good Standing Licensed: 16 Years
3879 James Bay Road, Johns Island, SC 29455
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LEGAL TERMS
BANKRUPTCY ESTATE
All of the property you own when you file for bankruptcy, except for most pensions and educational trusts. The trustee technically takes control of your bankrup... (more...)
All of the property you own when you file for bankruptcy, except for most pensions and educational trusts. The trustee technically takes control of your bankruptcy estate for the duration of your case.
HEIR APPARENT
One who expects to be receive property from the estate of a family member, as long as she outlives that person.
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.
INHERITANCE TAXES
Taxes some states impose on people or organizations who inherit property from a deceased person's estate. The taxes are based on the value of the inherited prop... (more...)
Taxes some states impose on people or organizations who inherit property from a deceased person's estate. The taxes are based on the value of the inherited property.
PETITION
A formal written request made to a court, asking for an order or ruling on a particular matter. For example, if you want to be appointed conservator for an elde... (more...)
A formal written request made to a court, asking for an order or ruling on a particular matter. For example, if you want to be appointed conservator for an elderly relative, you must file a petition with a court. See also complaint.
SUCCESSION
The passing of property or legal rights after death. The word commonly refers to the distribution of property under a state's intestate succession laws, which d... (more...)
The passing of property or legal rights after death. The word commonly refers to the distribution of property under a state's intestate succession laws, which determine who inherits property when someone dies without a valid will. When used in connection with real estate, the word refers to the passing of property by will or inheritance, as opposed to gift, grant, or purchase.
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.
TRUST DEED
The most common method of financing real estate purchases in California (most other states use mortgages). The trust deed transfers the title to the property to... (more...)
The most common method of financing real estate purchases in California (most other states use mortgages). The trust deed transfers the title to the property to a trustee -- often a title company -- who holds it as security for a loan. When the loan is paid off, the title is transferred to the borrower. The trustee will not become involved in the arrangement unless the borrower defaults on the loan. At that point, the trustee can sell the property and pay the lender from the proceeds.
INTESTATE SUCCESSION
The method by which property is distributed when a person dies without a valid will. Each state's law provides that the property be distributed to the closest s... (more...)
The method by which property is distributed when a person dies without a valid will. Each state's law provides that the property be distributed to the closest surviving relatives. In most states, the surviving spouse, children, parents, siblings, nieces and nephews, and next of kin inherit, in that order.
SAMPLE LEGAL CASES
Robinson v. Estate of Harris
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 ...
Estate of Carr ex rel. Bolton v. CIRCLE S ENT. INC.
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 Anderson
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. ...
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