Durham Estate Lawyer, North Carolina

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Samuel  Roberti Lawyer

Samuel Roberti

VERIFIED
Estate, Disability, Accident & Injury, Social Security, Social Security -- Disability

Sam Roberti is an experienced trial attorney who focuses his practice in the area of business litigation, business transactions, estate litigation and... (more)

Ken N. Barnes Lawyer

Ken N. Barnes

VERIFIED
Real Estate, Wills & Probate, Traffic, Estate, Car Accident

Ken Barnes is a practicing lawyer in the state of North Carolina.

Daniel  Flebotte Lawyer

Daniel Flebotte

VERIFIED
Divorce & Family Law, Real Estate, Estate, Business, Accident & Injury

I Graduated from Duke University Magna Cum Laude with a degree in English and Linguistics. I attended Washington University School of Law, graduating ... (more)

Raymond W. Goodwin Lawyer

Raymond W. Goodwin

VERIFIED
Divorce & Family Law, Mediation, Collaborative Law, Estate Planning, Dispute Resolution

Whether you’re going through a divorce or a business dispute, I am committed to helping you reach a faster and more cost-effective and satisfying so... (more)

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Mark  Ishman Lawyer

Mark Ishman

VERIFIED
Estate, Estate Planning, Trusts, Wills & Probate, Intellectual Property

Attorney Ishman is an Asset Protection Attorney, where he provides advice and counsel to clients to protect their Intellectual Property (Patents, Trad... (more)

FREE CONSULTATION 

CONTACT

800-691-2190

Charles Evan Shelton Lohr Lawyer

Charles Evan Shelton Lohr

VERIFIED
Estate, Estate Planning, Lawsuit & Dispute, Accident & Injury, Personal Injury

Evan Lohr practices in the areas of estate litigation, serious personal injury, and general civil litigation. He has also assisted hundreds of clients... (more)

FREE CONSULTATION 

CONTACT

800-608-0191

Justin  Eldreth Lawyer

Justin Eldreth

VERIFIED
Business, Intellectual Property, Lawsuit & Dispute, Entertainment, Estate

Justin's firm is a general practice firm serving many types of clients all across the triangle and creators, artists, and entertainers all over North ... (more)

Greg C McGibney

Real Estate, Estate Planning, Divorce & Family Law, Business
Status:  In Good Standing           

Jennifer A. Jordan

Real Estate, Health Care, Estate Planning, Estate
Status:  In Good Standing           

Gray Ellis

Wills, Estate Planning, Family Law, Divorce & Family Law
Status:  In Good Standing           

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

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Lawyer.com can help you easily and quickly find Durham Estate Lawyers and Durham Estate Law Firms. Refine your search by specific Estate practice areas such as Estate Planning, Trusts, Wills & Probate and Power of Attorney matters.

LEGAL TERMS

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.

HOLOGRAPHIC WILL

A will that is completely handwritten, dated and signed by the person making it. Holographic wills are generally not witnessed. Although it's legal in many stat... (more...)
A will that is completely handwritten, dated and signed by the person making it. Holographic wills are generally not witnessed. Although it's legal in many states, making a holographic will is never advised except as a last resort.

PER CAPITA

Under a will, the most common method of determining what share of property each beneficiary gets when one of the beneficiaries dies before the willmaker, leavin... (more...)
Under a will, the most common method of determining what share of property each beneficiary gets when one of the beneficiaries dies before the willmaker, leaving children of his or her own. For example, Fred leaves his house jointly to his son Alan and his daughter Julie. But Alan dies before Fred, leaving two young children. If Fred's will states that heirs of a deceased beneficiary are to receive the property per capita, Julie and the two grandchildren will each take a third. If, on the other hand, Fred's will states that heirs of a deceased beneficiary are to receive the property per stirpes, Julie will receive one-half of the property, and Alan's two children will share his half in equal shares (through Alan by right of representation).

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.

SPECIFIC BEQUEST

A specific item of property that is left to a named beneficiary under a will. If the person who made the will no longer owns the property when he dies, the bequ... (more...)
A specific item of property that is left to a named beneficiary under a will. If the person who made the will no longer owns the property when he dies, the bequest fails. In other words, the beneficiary cannot substitute a similar item in the estate. Example: If John leaves his 1954 Mercedes to Patti, and when John dies the 1954 Mercedes is long gone, Patti doesn't receive John's current car or the cash equivalent of the Mercedes. See ademption.

POWER OF APPOINTMENT

The legal authority to decide who will receive someone else's property, usually property held in a trust. Most trustees can distribute the income from a trust o... (more...)
The legal authority to decide who will receive someone else's property, usually property held in a trust. Most trustees can distribute the income from a trust only according to the terms of the trust, but a trustee with a power of appointment can choose the beneficiaries, sometimes from a list of candidates specified by the grantor. For example, Karin creates a trust with power of appointment to benefit either the local art museum, symphony, library or park, depending on the trustee's assessment of need.

IN TERROREM

Latin meaning 'in fear.' This phrase is used to describe provisions in contracts or wills meant to scare a person into complying with the terms of the agreement... (more...)
Latin meaning 'in fear.' This phrase is used to describe provisions in contracts or wills meant to scare a person into complying with the terms of the agreement. For example, a will might state that an heir will forfeit her inheritance if she challenges the validity of the will. Of course, if the will is challenged and found to be invalid, then the clause itself is also invalid and the heir takes whatever she would have inherited if there were no will.

PER STIRPES

Under a will, a method of determining who inherits property when a joint beneficiary has died before the willmaker, leaving living children of his or her own. F... (more...)
Under a will, a method of determining who inherits property when a joint beneficiary has died before the willmaker, leaving living children of his or her own. For example, Fred leaves his house jointly to his son Alan and his daughter Julie. But Alan dies before Fred, leaving two young children. If Fred's will states that heirs of a deceased beneficiary are to receive the property 'per stirpes,' Julie will receive one-half of the property, and Alan's two children will share his half in equal shares (through Alan by right of representation). If, on the other hand, Fred's will states that the property is to be divided per capita, Julie and the two grandchildren will each take a third.

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.