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Emily  Daniell Lawyer

Emily Daniell

VERIFIED
Divorce & Family Law, Estate Planning, Child Support, Child Custody, Wills & Probate

Attorney Emily Daniell has been advocating for clients for over 10 years. Emily works hard fighting for her clients and ensuring that they are satisfi... (more)

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CONTACT

972-584-9382

Chandni B. Patel Lawyer

Chandni B. Patel

VERIFIED
Divorce & Family Law, Estate Planning, Child Support

Attorney Chandni Patel is an associate attorney here at Powell Law Offices, P.C., and focuses her practice in family law and probate/estate planning. ... (more)

FREE CONSULTATION 

CONTACT

972-584-9382

Dwain  Downing Lawyer

Dwain Downing

VERIFIED
Wills & Probate, Bankruptcy, Estate Planning, Divorce, Credit & Debt
Experienced and compassionate law firm

Hello, my name is Dwain Downing and if you are in need, I would like to be your attorney, To help you to know me a little better I would like to tell ... (more)

FREE CONSULTATION 

CONTACT

800-382-6050

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J.C.  Bailey Lawyer

J.C. Bailey

Estate, Estate Planning, Wills, Trusts, Wills & Probate
Jesse  Munguia Lawyer

Jesse Munguia

VERIFIED
Divorce & Family Law, Criminal, Estate Planning, Business, Juvenile Law

The Managing Attorney is Jesse Munguia. We are a full service law firm. We primarily service clients in Divorce, Child Custody, Child Support Modifica... (more)

April  Nordhaus Lawyer

April Nordhaus

VERIFIED
Wills & Probate, Estate Planning, Trusts, Power of Attorney, Business Organization

Handles Estate Planning, Probate, Guardianships

FREE CONSULTATION 

CONTACT

214-726-1450

Lin C. Morrisett Lawyer

Lin C. Morrisett

Estate, Wills & Probate, Trusts, Estate Planning, Wills

Roger Evans

Family Law, Estate Planning, Employment, Real Estate
Status:  In Good Standing           

FREE CONSULTATION 

CONTACT

Paul A. Mohtares

Real Estate, Estate Planning, Corporate, Business Organization
Status:  In Good Standing           

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Free Help: Use This Form or Call 800-943-8690

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LEGAL TERMS

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.

FAILURE OF ISSUE

A situation in which a person dies without children who could have inherited her property.

GENERATION-SKIPPING TRANSFER TAX

A federal tax imposed on money placed in a generation-skipping trust. Currently, there is a $1 million exemption to the GSTT; that is, each person may leave $1 ... (more...)
A federal tax imposed on money placed in a generation-skipping trust. Currently, there is a $1 million exemption to the GSTT; that is, each person may leave $1 million in a generation-skipping trust free of this tax. The GSST is imposed when the middle-generation beneficiaries die and the property is transferred to the third-generation beneficiaries. Every dollar over $1 million is subject to the highest existing estate tax rate--currently 55%--at the time the GSTT tax is applied.

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).

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.

ALTERNATE BENEFICIARY

A person, organization or institution that receives property through a will, trust or insurance policy when the first named beneficiary is unable or refuses to ... (more...)
A person, organization or institution that receives property through a will, trust or insurance policy when the first named beneficiary is unable or refuses to take the property. For example, in his will Jake leaves his collection of sheet music to his daughter, Mia, and names the local symphony as alternate beneficiary. When Jake dies, Mia decides that the symphony can make better use of the sheet music than she can, so she refuses (disclaims) the gift, and the manuscripts pass directly to the symphony. In insurance law, the alternate beneficiary, usually the person who receives the insurance proceeds because the initial or primary beneficiary has died, is called the secondary or contingent beneficiary.

QTIP TRUST

A type of trust for wealthy married couples that allows a surviving spouse to postpone estate taxes. A QTIP trust allows the surviving spouse to make use of the... (more...)
A type of trust for wealthy married couples that allows a surviving spouse to postpone estate taxes. A QTIP trust allows the surviving spouse to make use of the trust property tax-free. Taxes are deferred until the surviving spouse dies and the trust property is received by the final trust beneficiaries, who were named by the first spouse to die.

ADEMPTION

The failure of a bequest of property in a will. The gift fails (is 'adeemed') because the person who made the will no longer owns the property when he or she di... (more...)
The failure of a bequest of property in a will. The gift fails (is 'adeemed') because the person who made the will no longer owns the property when he or she dies. Often this happens because the property has been sold, destroyed or given away to someone other than the beneficiary named in the will. A bequest may also be adeemed when the will maker, while still living, gives the property to the intended beneficiary (called 'ademption by satisfaction'). When a bequest is adeemed, the beneficiary named in the will is out of luck; he or she doesn't get cash or a different item of property to replace the one that was described in the will. For example, Mark writes in his will, 'I leave to Rob the family vehicle,' but then trades in his car in for a jet ski. When Mark dies, Rob will receive nothing. Frustrated beneficiaries may challenge an ademption in court, especially if the property was not clearly identified in the first place.

GRANTOR

Someone who creates a trust. Also called a trustor or settlor.

SAMPLE LEGAL CASES

Smith v. O'DONNELL

... 192 SW3d 780 (Tex.2006). 234 SW3d 135, 138. In Belt, we held that an executor was in privity with the decedent's attorneys and could sue them for estate-planning malpractice. 192 SW3d at 787. A prior case, Barcelo v. Elliott ...

In re Townley Bypass Unified Credit Trust

252 SW3d 715 (2008). In re TOWNLEY BYPASS UNIFIED CREDIT TRUST. No. 06-07-00025-CV. Court of Appeals of Texas, Texarkana. Submitted February 13, 2008. Decided April 9, 2008. 717 William E. Wylie, William E. Wylie ...

In re Estate of Henry

... in the 1996 revocable living trust agreement. In 2004, Thomas Henry and Ms. Henry met with Warren Nystrom, an attorney whose practice included estate planning and preparation of wills. On October 19, 2004, at the office ...