(1) Anyone who receives something. Usually, the term refers to someone who inherits a deceased person's property. If the deceased person dies without a will (ca... (more...)

(1) Anyone who receives something. Usually, the term refers to someone who inherits a deceased person's property. If the deceased person dies without a will (called intestate), state law determines what each distributee will receive. Also called a beneficiary.

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.

CHARITABLE TRUST

Any trust designed to make a substantial gift to a charity and also achieve income and estate tax savings for the person who creates the trust (the grantor).

CURATOR

See conservator.

TRUST MERGER

Under a trust, the situation that occurs when the sole trustee and the sole beneficiary are the same person or institution. Then, there's no longer the separati... (more...)

Under a trust, the situation that occurs when the sole trustee and the sole beneficiary are the same person or institution. Then, there's no longer the separation between the trustee's legal ownership of trust property from the beneficiary's interest. The trust 'merges' and ceases to exist.

BENEFICIARY

A person or organization legally entitled to receive benefits through a legal device, such as a will, trust or life insurance policy.

TRUSTEE POWERS

The provisions in a trust document defining what the trustee may and may not do.

HEIR AT LAW

A person entitled to inherit property under intestate succession laws.

ABSTRACT OF TRUST

A condensed version of a living trust document, which leaves out details of what is in the trust and the identity of the beneficiaries. You can show an abstract... (more...)

A condensed version of a living trust document, which leaves out details of what is in the trust and the identity of the beneficiaries. You can show an abstract of trust to a financial organization or other institution to prove that you have established a valid living trust, without revealing specifics that you want to keep private. In some states, this document is called a 'certification of trust.'

SAMPLE LEGAL CASES

First Farmers Bank & Trust Co. v. Whorley

... We are not persuaded. Indiana Code section 29-3-9-4, referred to by our supreme court as Indiana's guardianship estate planning statute, provides. (a) Upon petition of the guardian (other than a temporary guardian) or any ...

In re Guardianship of Phillips

... On May 19, 2009, Hudson filed a petition to do estate planning on Donna's behalf and revoke the Joint Trust. ... Id. at 8. In its judgment, the trial court denied Hudson's petition to do estate planning and revoke the Joint Trust and declared the Joint Trust shall remain in effect. ...

Leever v. Leever

... fraud. Title 42 of the United States Code section 1396(a) expresses the legislative intent that the Medicaid program should not be used as an estate planning tool. Forsyth v. Rowe, 226 Conn. 818, 828, 629 A.2d 379, (1993). ...

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LEGAL TERMS

DISTRIBUTEE

SWEARING MATCH

CHARITABLE TRUST

CURATOR

TRUST MERGER

BENEFICIARY

TRUSTEE POWERS

HEIR AT LAW

ABSTRACT OF TRUST

SAMPLE LEGAL CASES

First Farmers Bank & Trust Co. v. Whorley

In re Guardianship of Phillips

Leever v. Leever

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