Guild Estate Planning Lawyer, Tennessee, page 3


Includes: Gift Taxation

Peter Comstock Ensign

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

David Mayfield Elliott

Litigation, Immigration, Wills & Probate, Estate Planning, Business
Status:  In Good Standing           

Harry B. Ray

Tax, Estate Planning, Labor Law, Antitrust
Status:  In Good Standing           Licensed:  46 Years

Virginia C. Love

Tax, Estate Planning, Elder Law, Business
Status:  In Good Standing           Licensed:  46 Years

Carl E. Hartley

Tax, Trusts, Estate Planning, Business
Status:  In Good Standing           Licensed:  52 Years

Jerre Blake Mosley

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

John W. Beard

Health Care, Trusts, Estate Planning, Corporate, Business
Status:  In Good Standing           

Mark Allen Ramsey

Tax, Trusts, Estate Planning, Elder Law
Status:  In Good Standing           

Gregg Michael Luhowiak

Construction, Litigation, Estate Planning, Insurance
Status:  In Good Standing           

David Wayne Hunter

Tax, Trusts, Estate Planning, Corporate
Status:  In Good Standing           Licensed:  23 Years

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LEGAL TERMS

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.

PROVING A WILL

Convincing a probate court that a document is truly the deceased person's will. Usually this is a simple formality that the executor or administrator easily sat... (more...)
Convincing a probate court that a document is truly the deceased person's will. Usually this is a simple formality that the executor or administrator easily satisfies by showing that the will was signed and dated by the deceased person in front of two or more witnesses. When the will is holographic -- that is, completely handwritten by the deceased and not witnessed, it is still valid in many states if the executor can produce relatives and friends to testify that the handwriting is that of the deceased.

GRANTOR RETAINED INCOME TRUST

Irrevocable trusts designed to save on estate tax. There are several kinds; with all of them, you keep income from trust property, or use of that property, for ... (more...)
Irrevocable trusts designed to save on estate tax. There are several kinds; with all of them, you keep income from trust property, or use of that property, for a period of years. When the trust ends, the property goes to the final beneficiaries you've named. These trusts are for people who have enough wealth to feel comfortable giving away a substantial hunk of property. They come in three flavors: Grantor-Retained Annuity Trusts (GRATs), Grantor-Retained Unitrusts (GRUTs) and Grantor-Retained Income Trusts (GRITs).

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.

FAILURE OF ISSUE

A situation in which a person dies without children who could have inherited her property.

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.

DEVISEE

A person or entity who inherits real estate under the terms of a will.

SUCCESSOR TRUSTEE

The person or institution who takes over the management of trust property when the original trustee has died or become incapacitated.

INHERITANCE TAXES

Taxes some states impose on people or organizations who inherit property from a deceased person's estate. The taxes are based on the value of the inherited prop... (more...)
Taxes some states impose on people or organizations who inherit property from a deceased person's estate. The taxes are based on the value of the inherited property.

SAMPLE LEGAL CASES

In re Estate of Schisler

... trust. Moreover, both of them accompanied Mrs. Schisler to the meeting with the Maryland lawyer in 2005, when Mrs. Schisler made substantial changes to her estate planning that specifically benefitted Carroll and Linda. Further ...

Tanner v. WHITECO, LP

... requested his daughter Catherine Maness (who worked for her father) to place the Orangeco certificate in the file cabinet, and advised her that he was doing estate planning and that she and her siblings had an interest in the limited partnership. ...

IN RE ESTATE OF GIBSON

... undervalued. She asserts that fraudulent estate planning documents prepared for her father, John C. Gibson, led to the sale of the Gibson Farm for less than its value, resulting in the aforementioned deficiency in Decedent's estate. ...

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