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Durham Wills & Probate Lawyer, North Carolina


Includes: Estate Administration, Living Wills, Wills

Gray Ellis

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

Jennifer Cargos Henson

Banking & Finance, Wills & Probate, Construction, Corporate, Land Use & Zoning
Status:  In Good Standing           

Laura F. Page

Construction, Corporate, Land Use & Zoning, Housing & Construction Defects, Wills
Status:  In Good Standing           
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Robert L. Morton

Business Organization, Contract, Wills & Probate, Bankruptcy, Trusts
Status:  In Good Standing           

Erica Ferranti

Bankruptcy, Elder Law, Estate Administration, Estate Planning, Mental Health
Status:  In Good Standing           

Mary Ann Dalton

Wills & Probate, Government Agencies, Wills, Trusts, Elder Law
Status:  In Good Standing           

Sydney J. Batch

Estate Planning, Family Law, Litigation, Real Estate, Wills
Status:  In Good Standing           

William J Wickward, Jr.

Social Security -- Disability, Special Education, Wills & Probate, Trusts, Veterans' Affairs
Status:  In Good Standing           Licensed:  12 Years

Benjamin David Busch

Foreclosure, Personal Injury, Bankruptcy, Wills & Probate, Litigation
Status:  In Good Standing           

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LEGAL TERMS

TRUSTEE

The person who manages assets owned by a trust under the terms of the trust document. A trustee's purpose is to safeguard the trust and distribute trust income ... (more...)
The person who manages assets owned by a trust under the terms of the trust document. A trustee's purpose is to safeguard the trust and distribute trust income or principal as directed in the trust document. With a simple probate-avoidance living trust, the person who creates the trust is also the trustee.

CURATOR

See conservator.

GENERATION-SKIPPING TRUST

A trust designed to save on estate tax. The trust principal is preserved for the trust maker's grandchildren, with his or her children receiving only income fro... (more...)
A trust designed to save on estate tax. The trust principal is preserved for the trust maker's grandchildren, with his or her children receiving only income from the trust. Because the children (the middle generation) never legally own the property, it isn't subject to estate tax at their death. See generation-skipping transfer tax.

TAKING AGAINST THE WILL

A procedure under state law that gives a surviving spouse the right to demand a certain share (usually one-third to one-half) of the deceased spouse's property.... (more...)
A procedure under state law that gives a surviving spouse the right to demand a certain share (usually one-third to one-half) of the deceased spouse's property. The surviving spouse can take that share instead of accepting whatever he or she inherited through the deceased spouse's will. If the surviving spouse decides to take the statutory share, it's called 'taking against the will.' Dower and curtesy is another name for the same legal process.

EXEMPTION TRUST

A bypass trust funded with an amount no larger than the personal federal estate tax exemption in the year of death. If the trust grantor leaves property worth m... (more...)
A bypass trust funded with an amount no larger than the personal federal estate tax exemption in the year of death. If the trust grantor leaves property worth more than that amount, it usually goes to the surviving spouse. The trust property passes free from estate tax because of the personal exemption, and the rest is shielded from tax under the surviving spouse's marital deduction.

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.

IRREVOCABLE TRUST

A permanent trust. Once you create it, it cannot be revoked, amended or changed in any way.

MINERAL RIGHTS

An ownership interest in the minerals contained in a particular parcel of land, with or without ownership of the surface of the land. The owner of mineral right... (more...)
An ownership interest in the minerals contained in a particular parcel of land, with or without ownership of the surface of the land. The owner of mineral rights is usually entitled to either take the minerals from the land himself or receive a royalty from the party that actually extracts the minerals.

PROBATE COURT

A specialized court or division of a state trial court that considers only cases concerning the distribution of deceased persons' estate. Called 'surrogate cour... (more...)
A specialized court or division of a state trial court that considers only cases concerning the distribution of deceased persons' estate. Called 'surrogate court' in New York and several other states, this court normally examines the authenticity of a will -- or if a person dies intestate, figures out who receives her property under state law. It then oversees a procedure to pay the deceased person's debts and to distribute her assets to the proper inheritors. See probate.

SAMPLE LEGAL CASES

In re Will of Jones

... Because we believe genuine issues of material fact remain as to the question of undue influence, we reverse the Court of Appeals, which, in a divided opinion, affirmed the trial court's grant of summary judgment to Mrs. Jones and its order for the will to be accepted for probate. ...

In re Will of Baitschora

... On 22 June 2007, decedent died in propounder's home. Propounder attempted to probate the will on 25 June 2007, but when Ms. Weithe informed propounder that the firm could not handle the matter until August 2007, propounder sought other counsel. ...

IN RE MATTER OF ESTATE OF FORTNER

... UNPUBLISHED OPINION. THIGPEN, Judge. Respondents, the administrators of the Estate of Johnnie H. Fortner, Sr. ("the Estate"), appeal from an order awarding attorney's fees to petitioner's attorney for "his services in opposing the probate of a paper writing.". ...