Dowling Estate Planning Lawyer, Michigan
Includes: Gift Taxation
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1-3 of 3 matches. Page 1 of 1
Martha J. Widdows-Witham
Tax, Real Estate, Estate Planning, Business Organization
Status: In Good Standing
312 Fifth Third Bank Bldg., 67 West Michigan Avenue, Battle Creek, MI 49017
Profile LAWPOINTS™45/100
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Samuel D. Carpenter
Real Estate, Litigation, Wills & Probate, Estate Planning
Status: In Good Standing
312 Fifth Third Bank Bldg., 67 West Michigan Avenue, Battle Creek, MI 49017
Profile LAWPOINTS™40/100
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2347 W. Dowling Road, Delton, MI 49046
Profile LAWPOINTS™32/100
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LEGAL TERMS
BENEFICIARY
A person or organization legally entitled to receive benefits through a legal device, such as a will, trust or life insurance policy.
MARITAL LIFE ESTATE TRUST
See AB trust.
NONPROBATE
The distribution of a deceased person's property by any means other than probate. Many types of property pass free of probate, including property left to a surv... (more...)
The distribution of a deceased person's property by any means other than probate. Many types of property pass free of probate, including property left to a surviving spouse and property left outside of a will through probate-avoidance methods such as pay-on-death designations, joint tenancy ownership, living trusts and life insurance. Property that avoids probate is sometimes described as the 'nonprobate estate.' Nonprobate distribution may also occur if the deceased person leaves an invalid will. In that case, property will pass according to the particular state's laws of intestate succession.
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.
AUGMENTED ESTATE
In general terms, an augmented estate consists of property owned by both a deceased person and his or her spouse. The concept of the augmented estate is used on... (more...)
In general terms, an augmented estate consists of property owned by both a deceased person and his or her spouse. The concept of the augmented estate is used only in some states. Its value is calculated only if a surviving spouse declines whatever he or she was left by will and instead claims a share of the deceased spouse's estate. (This is called taking against the will.) The amount of this 'statutory share' or 'elective share' depends on state law.
IRREVOCABLE TRUST
A permanent trust. Once you create it, it cannot be revoked, amended or changed in any way.
SURROGATE COURT
See probate court.
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.
LIVING TRUST
A trust you can set up during your life. Living trusts are an excellent way to avoid the cost and hassle of probate because the property you transfer into the t... (more...)
A trust you can set up during your life. Living trusts are an excellent way to avoid the cost and hassle of probate because the property you transfer into the trust during your life passes directly to the trust beneficiaries after you die, without court involvement. The successor trustee--the person you appoint to handle the trust after your death--simply transfers ownership to the beneficiaries you named in the trust. Living trusts are also called 'inter vivos trusts.'
SAMPLE LEGAL CASES
IN RE ESTATE OF SOUTHWORTH
... Margaret Noe. In February 2005, the decedent consulted Noe for estate planning advice.
The ... estate plan. The representative offered to meet with the decedent and answer any
questions regarding estate planning and the college. Despite ...
IN RE HAYES
... In addition, the survivor may amend or revoke the trust." [Brief at 8, citing Michigan Estate
Planning Handbook (Carol J. Karr ed., ICLE 2d ed, 2006), ch 22, § 22.4.]. ... [Michigan Estate
Planning Handbook (Carol J. Karr ed., ICLE 2d ed, 2006), ch 22, § 22.4.]. ...
Charfoos v. Schultz
... including trust documents, as in this case. Bullis v Downes, 240 Mich App 462, 468;
612 NW2d 435 (2000) (no distinction made among varieties of modern estate
planning tools). Here, the trial court prohibited plaintiffs from ...
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