East Wallingford Trusts Lawyer, Vermont
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337 Pennock Lane, Rutland, VT 05701
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4900 Main St, Manchester Center, VT 05255
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LEGAL TERMS
FAILURE OF ISSUE
A situation in which a person dies without children who could have inherited her property.
ABATEMENT
A reduction. After a death, abatement occurs if the deceased person didn't leave enough property to fulfill all the bequests made in the will and meet other exp... (more...)
A reduction. After a death, abatement occurs if the deceased person didn't leave enough property to fulfill all the bequests made in the will and meet other expenses. Gifts left in the will are cut back in order to pay taxes, satisfy debts or take care of other gifts that are given priority under law or by the will itself.
PREDECEASED SPOUSE
In the law of wills, a spouse who dies before the will maker while still married to him or her.
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.
PRETERMITTED HEIR
A child or spouse who is not mentioned in a will and whom the court believes was accidentally overlooked by the person who made the will. For example, a child b... (more...)
A child or spouse who is not mentioned in a will and whom the court believes was accidentally overlooked by the person who made the will. For example, a child born or adopted after the will is made may be deemed a pretermitted heir. If the court determines that an heir was accidentally omitted, that heir is entitled to receive the same share of the estate as she would have if the deceased had died without a will. A pretermitted heir is sometimes called an 'omitted heir.'
REAL ESTATE AGENT
A foot soldier of the real estate business who shows houses and does most of the other nitty-gritty tasks associated with selling real estate. An agent must hav... (more...)
A foot soldier of the real estate business who shows houses and does most of the other nitty-gritty tasks associated with selling real estate. An agent must have a state license and be supervised by a real estate broker. Most agents are completely dependent upon commissions from sellers for their income, so it pays to find out which side the agent represents (buyer, seller or both) before you place too much trust in the agent's opinion.
CURATOR
See conservator.
PROBATE
The court process following a person's death that includes proving the authenticity of the deceased person's will appointing someone to handle the deceased pers... (more...)
The court process following a person's death that includes proving the authenticity of the deceased person's will appointing someone to handle the deceased person's affairs identifying and inventorying the deceased person's property paying debts and taxes identifying heirs, and distributing the deceased person's property according to the will or, if there is no will, according to state law. Formal court-supervised probate is a costly, time-consuming process -- a windfall for lawyers -- which is best avoided if possible.
ENTITY
An organization, institution or being that has its own existence for legal or tax purposes. An entity is often an organization with an existence separate from i... (more...)
An organization, institution or being that has its own existence for legal or tax purposes. An entity is often an organization with an existence separate from its individual members--for example, a corporation, partnership, trust, estate or government agency. The entity is treated like a person; it can function legally, be sued, and make decisions through agents.
SAMPLE LEGAL CASES
Savage v. Walker
... Plaintiff is correct, however, that the absence of a writing is not fatal to trusts implied by law, which
include constructive trusts. ¶ 8. Plaintiff appears to have confused express trusts with constructive
trusts. "An express trust arises because the parties intended to create it. ...
NORTHERN SEC. INS. CO., INC. v. Doherty
... naming the Trust as an additional insured. This is so because, as the superior court
acknowledged, at common law, trusts are not independent legal entities with the
capacity to sue or be sued. See generally 1 A. Scott & W. Fratcher ...
Arnold v. Palmer
... From 1992 to 2001, it was owned by two trusts, The Raymond E. Palmer Trust and The Gertrude
M. Palmer Trust (Palmer Trusts). The Palmer Trusts leased the property to Corbin & Palmer
throughout this time. Raymond Palmer was an employee of Corbin & Palmer until 2002. ...
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