Elgin Estate Lawyer, Minnesota

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Judith K. Wilson

Wills, Wills & Probate, Trusts, Estate Planning
Status:  In Good Standing           

Wayne L. Mehrkens

Estate Planning, Elder Law, Banking & Finance
Status:  In Good Standing           

DeAnna J. Schleusner

Corporate, Contract, Employment, Estate Planning
Status:  In Good Standing           

Peter Richard Langins

Litigation, Estate, Business
Status:  In Good Standing           Licensed:  13 Years

Chris Wendland

Corporate, Litigation, Employment Discrimination, Estate Planning
Status:  In Good Standing           

Mark E Utz

Other, Real Estate, Estate Planning, Corporate
Status:  In Good Standing           

William P Volkmar

Tax, Real Estate, Wills, Business & Trade
Status:  In Good Standing           Licensed:  45 Years

Michael Andrew York

Federal Appellate Practice, Estate Planning, Estate, Criminal
Status:  In Good Standing           Licensed:  30 Years

Paul W Bucher

Business, Real Estate, Bankruptcy, Estate
Status:  In Good Standing           Licensed:  44 Years

Melissa Saunders

Estate, Power of Attorney, Elder Law, Guardianships & Conservatorships
Status:  In Good Standing           Licensed:  20 Years

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

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LEGAL TERMS

DEED OF TRUST

See trust deed.

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.

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.'

DOWER AND CURTESY

A surviving spouse's right to receive a set portion of the deceased spouse's estate -- usually one-third to one-half. Dower (not to be confused with a 'dowry') ... (more...)
A surviving spouse's right to receive a set portion of the deceased spouse's estate -- usually one-third to one-half. Dower (not to be confused with a 'dowry') refers to the portion to which a surviving wife is entitled, while curtesy refers to what a man may claim. Until recently, these amounts differed in a number of states. However, because discrimination on the basis of sex is now illegal in most cases, most states have abolished dower and curtesy and generally provide the same benefits regardless of sex -- and this amount is often known simply as the statutory share. Under certain circumstances, a living spouse may not be able to sell or convey property that is subject to the other spouse's dower and curtesy or statutory share rights.

SURROGATE COURT

See probate court.

HEIR AT LAW

A person entitled to inherit property under intestate succession laws.

LIFE BENEFICIARY

A person who receives benefits, under a trust or by will, for his or her lifetime. For an example, see AB trust.

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).

CREDIT SHELTER TRUST

See AB trust.